g Q U. S. DEPARTMENT OF AGRICULTURE, 

FOREST SERVICE. 






H. S. GRAVES, Forester. 



THE NATIONAL FOREST MANUAL. 

Rp]GULATIONS OF THE SECRETARY OF AGRICULTURE AND 

INSTRUCTIONS TO FOREST OFFICERS RELATING TO 

CLAIMS, SETTLEMENT, AND ADMINISTRATIVE 

SITES ON NATIONAL F( >REST LANDS. 



ISSUED BY THE 

SECRETARY OF AGRICULTURE 

TO TAKE EFFECT 

F.'brnary 1, 1912. 



CL.\IMS. 

SE'rTJ.E:\[ENT. 

ADMINISTRATIVE SITES. 




WASHINGTON: 
GOVERNMENT PRINTING OFFICE. 

1912. 







^I^Z. 



^ 



U. S. DEPARTMENT OF AGRICULTURE, 

FOREST SERVICE. 

H. S. GRAVES, Forester. 



H- 



THE NATIONAL FOREST MANUAL. 



REGULATIONS OF THE SECRETARY OF AGRICULTURE AND 

INSTRUCTIONS TO FOREST OFFICERS RELATING TO 

CLAIMS, SETTLEMENT, AND ADMINISTRATIVE 

SITES ON NATIONAL FOREST LANDS. 



i\ui 



f** 



ISSUED BY THE 

SECRETARY OF AGRICULTURE 

TO TAKE EFFECT 

February 1, 1912. 



CLAIMS. 

SETTLEMENT. 

ADMINISTRATIVE SITES. 




WASHIKGTON: 
GOVERNMENT PRINTTNO OFFICE. 

1912. 



',r>: 






The Secretary * * * may make such rules and regulations 
* * * as will insure the objects of said reservations, namely, to 
regulate their occupancy and use and to preserve the forests thereon 
from destruction; and any violation of this act or such rules and 
regulations shall be punished (by $500 fine or 12 months' impris- 
onment, or both) as is provided for in the act of June 4, 1888, 
amending section 5388 of the Revised Statutes of the United States. 
(Act of June 4, 1897, 30 Stat., 11.) 
2 



}^M IB -^^'? 



CONTENTS. 

Pago. 

Claims 7 

llegulations '^ 

Relinquishments 7 

General instructions ^ 

Why claims are examined 8 

Initiation of claims on National Forest land 8 

Determination of titles to claims 9 

Definition of a valid claim - 9 

Government adverse claimant to lands withdrawn tor N ational Forests . 9 

Reports on claims confidential 9 

Examination of mineral claims 9 

Squatters' claims on National Forest land 9 

Free use of timber for development of mining claims 10 

Status of lands after cancellation of claim 10 

Passage of title by patent 10 

Passage of title by certification 10 

How patents may be annulled H 

Suit to vacate ])atent H 

Procedure on National Forests H 

When to make examination and report 11 

Record of claims in supervisor's office H 

Kind of evidence necessary 11 

Affidavits and statements of witnesses 12 

Witnesses in behalf of claimant 12 

Form of affidavits 12 

Statement by witness to other 12 

Hearsay, or opinions, as evidence 12 

Affidavits and statements confidential 13 

Administering oaths 13 

Use of notebook in hearings 13 

Reports on claims covering reservoir or power sites 13 

Correct record of conditions on homestead claims 13 

Favorable report on a homestead claim 13 

Favorable preliminary report on a mining claim 13 

Recommendations in reports on claims 13 

Thoroughness of investigation and completeness of reports 14 

Summary of witnesses 14 

Closing claims cases 1^ 

Action upon requests for special reports 15 

Action upon receipt of notice of final proof or of application for mineral 

patent - - • - 1^ 

Action upon receipt of notice of final proof on entries within proposed 

eliminations 1" 

Action upon receipt of notice of final proof on entries under act of June 

11, 1906 1*5 

Action upon failure to receive notice from registers and receivers 16 

Appearance of Forest officers at final proof. 16 

Action upon receipt of notice of order for mineral survey 16 

Use of mineral surveyor's notes in making examination 17 

Examination of mineral claims by mineral examiners 17 

Action upon squatters' claims settled after withdrawal of land 17 

Action upon squatters' claims settled before withdrawal of land 17 

Supervisors' annual report on claims ^8 

Action upon receipt of notification of extension of public land survey . 18 

3 



4 CONTENTS. 

Claims— Continued. Tage. 

Procedure in district offices 18 

Record of reports 18 

Action upon favorable reports 18 

Report by mineral examiner 19 

Action upon adverse reports 19 

Reference of reports to chief of field division 19 

Notice to claimant and supervisor of reference of report 19 

Reference of cases to assistant to solicitor 19 

Action upon request for additional investigation 19 

Action by chief of field division 20 

Fixing date of hearing 20 

Summary of witnesses 20 

Representation of Service at hearings 20 

Costs incident to hearings 21 

Closing claims cases 21 

Action upon request from Commissioner or chief of field division for 

information or special report 21 

Action upon request from Solicitor for information or special report 22 

Action upon request for report on claim under act of June 11, 1906 22 

Action upon receipt of notice of final proof or application for mineral 

patent 22 

Action upon notice of final proof on entries within proposed elimina- 
tions 22 

Action upon a claims report received with a trespass report 22 

Action upon recei])t of notification of extension of public-land survey. 23 

('orrespondence with other bureaus 23 

Requests to land offices for status of lands 23 

District forester's annual report 23 

Procedure in Wa.shington office 23 

Action upon request from Commissioner of General Land Office for in- 
formation or report 23 

Action upon request from Solicitor for information or report 23 

Appeals by Solicitor from decisions of Commissioner 24 

Final decision on recommendation to institute contest 24 

Action upon receipt of notice of extension of public-land survey 24 

Action upon recjuest from district forester for status of lands 24 

Settlement 25 

Regulations 25 

Applications for listing 25 

General instructions 27 

Purposes of Poorest homestead act 27 

Authority and discretion of Secretary of Agriculture 27 

Areas excc];)ted by the act 27 

Opening agricultural lands to entry 27 

Preference rights of settlement and entry 28 

Survey and notices on unsurveyed land before patent 28 

Residence on land covered by entries 28 

Additional homestead rights to settlers prior to Jan. 1 , 1906 28 

Settlement before opening 29 

Policy 29 

Determination of mineral character of lands listed 29 

l^egal qualifications of applicant as entry man 29 

Small areas listed 29 

Areas which can be listed under the act 29 

Areas which can not be listed 30 

Listing lands affecting a municipal water supjily 30 

Listing lands within reclamation withdrawals 30 

Listing lands within limits of a railroad grant 30 

Listing lands within State school land grants 30 

Listing lands within an abandoned military reservation 31 

Squatters ' rights 31 

Listing land covered by a claim 31 

Review or reexamination 31 

Filing in local land office on tracts listed 32 

Indian allotments under act of June 25, 1910 32 



CONTENTS. 5 

Settlement — Continued. rage. 

Procedure on National Forests 32 

Action on applications filed with supervisors 32 

Action on applications referred by district forester 32 

Preparation of tract book 33 

Entry of status on tract book 33 

Instructions to examiners and reference of application for rejxirt 34 

Preparation of report by examiner 34 

Consultation with applicant 35 

Instructions for survey and maps of land applied for 36 

Preparation of iiekl notes 37 

Land which should not be listed 37 

Ap})lications in conflict with mineral locations 38 

Application in conflict with irrigation ditches 38 

Photographs 39 

Recommendations of examiner 39 

Verification of location and submission of report to supervisor 40 

Action l)y supervisor on examiner 's report 40 

Submission of report to district forester 40 

Free special-use permits on lands recommen<led iVir listing 41 

Record of final action 41 

(Closing settlement cases 42 

Annual report 42 

Applications under Indian allotment act 42 

Procedure in district office 43 

Action on receipt of application 43 

Entry of application in tract book 44 

Securing status and notation on tract book 44 

Notification to ap])licant of acceptance of ai)plication 44 

Reference of application to supervisor 44 

Action on report of examiner 44 

Survey of tract by metes and bounds 45 

Free special-use permits 45 

Withdrawal of applications 45 

Rejection of api)lications 45 

Reinstatement of application on reexamination. 46 

Notice to a])i)licant of reduced area 46 

Notice to applicant of elimination 46 

Applications in conflict with mineral locations 46 

Applications in conflict with municipal water supply 47 

Applications in conflict with reclamation withdrawals 47 

Applications in conflict with State school lands 47 

Applications in conflict with unperfected claims 47 

Applications in co7iflict with railroad grants 48 

Applications in conflict with patented lands 48 

Preparation of Secretary's and district forester's letters 48 

last numbers and transmittal of papers to Secretary 48 

Preference rights 49 

Notification to applicant and supervisor of final action l>y Secretary. . . 49 

Closing cases 49 

Annual report 49 

Procedure in Washington office 50 

Action on drafts of listing letters 50 

Return of listing letters to district office 50 

Action l>y Secretary 50 ' 

Return of papers to district 50 

Action on request by district forester for status of land 51 

Action on requests for information on status of cases 51 

Communications from applicants 51 

Action on request for reexamination or review 51 

Correspondence from Department of Interior 51 

Admini.strative sites 52 

Procedure 52 

Selection of sites 52 

Rangers' headquarters 52 

Amount of land f(«r heacUpiarters and pasture 52 

Sites selected and posted 53 



6 CONTENTS. 

Administ rati vc sites — Continued . 

Procedure — Continued. Page. 

Occupied areas 53 

Railroad lands 53 

State selections 53 

Mineral lands 53 

Reclamation withdrawals 53 

Relinquishments 53 

Purchase of improvements 53 

Procedure after selection 53 

Sites outside Forest boundaries 54 

Closing administrative site cases 55 

Cancellation of selections and withdrawals 55 

Annual report 56 

Water aj^propriation , 56 



THE NATIONAL FOREST MANUAL 



CLAIMS. 



United States DErARTMEXT or Agriculture, 

Office of the Secretary, 

Washington, 1). C. 

By virtue of the authority vested in the Secretary of Agriculture 
by the act of Congress of February 1, 1905 (33 Stat., 628), amenda- 
tory to the act of Congress of June 4, 1897 (30 Stat., 11), I, James 
Wilson, Secretary of Agriculture, flo make and publish the following 
regulations relating to claims on National Forest lands, the same to 
supersede all previous regidations for like purpose and to be in force 
and effect from the 1st day of February, 1912, and to constitute a 
part of the Use Book. 

In testimony whereof I have hereunto sot my hand and ofhcial 
seal at Washington, D. C, this 19th day of December, 1911. 

James Wilson, 
Secretary of Agriculture. 



HEGTJLATIONS. 

Reg. L-41. No Forest oflicer shall, except as hereinafter provided, 
recj^uest a homestead entryman to relinquish his 

R e 1 1 n q u ish- claim or suggest for any reason whatsoever that such 
™*" ^" a course is desirable. If any homestead entryman 

voluntarily offers to relinc|uish liis claim, the Forest oflicer may sug- 
gest that the relinquishment be transmitted to the local land office, 
but shall not encourage this to be dtme. Forest officers who receive 
by mail relinf|uisliments from claimants must return the same, with 
the suggestion in every case that if the entryman desires to relinquish 
he should send the relinquishment to the local land office. No 
Forest officer shall be a party to a compromise whereby any claims 
or trespass case is settled by rec^uiring the claimant to relinquish a 
claim to the United States. 

When relincpiishments are offered which cover lands needed for 
adixdnistrative purposes, and when it is desired to ])ay the claimant 
for improvements thereon, a recommendation, accompanied by the 
reasons in each specific case, shall be submitted to the Forester, who 
may authorize the purchase of the improvements upon the filing of 
the relinquishment in the local land office. 

7 



U. S. Department of Agriculture, 

Forest Service, 

Washington, D. C. 
The following procedure and instructions are hereby established 
and issued to take effect February 1, 1912, oroverning the enforce- 
ment of the regulations of the Secretary of Agriculture relating to 
claims within National Forests. 

Henry S. Graves, Forester. 
Approved December 19, 1911: 
James Wilson, Secretary. 



GENERAL INSTRUCTIONS. 

The administration of the National Forests is a duty imposed upon 
the Secretary of Agriculture by law. In order prop- 
areexamined™^ ^^^^ ^^ discharge that duty, it is necessary that he 
ascertain the status of all lands within the National 
Forests. The examination of claims within National Forests by 
Forest officers is therefore made primarily in furtherance of this object. 
The information thus obtained by the employees of this department 
is, as a matter of governmental economy, placed at the disposal of the 
Secretary of the Interior, upon whom rests the responsibility for 
determining the title to all lands within the National Forests. 

It is not the purpose or intent of the department to initiate con- 
tests against claimants who have entered lands in the National 
Forests in good faith to secure a home or for other purposes recog- 
nized by law, and in such cases no contest should be initiated upon 
slight, technical noncompliance with the law. It is the purpose and 
intent, however, to protect the lands of the United States w4thiii the 
National Forests from accpusition by those who do not seek them for 
purposes recognized by law, and when it is apparent that an entry 
or a claim is not initiated in good faith and in compliance with the 
spirit of the law under wdiicli it is asserted, but is believed from the 
facts to be a subterfuge to accpiire title to timber land, or to control 
range privileges, water, a water-power site, or rights of way; or if it 
otherwise actively and materially interferes with the essential interests 
of the National Forest in that locality and is not made or maintained 
in good faith, a contest should be recommended, even if the technical 
requirements of the law appear to have been fulfilled. As to mining 
claims, it should especially be borne in mind that good faith almost 
necessarily exists when the claims are located on untimbered and 
unwatered lands which control no means of access or rights of way 
and are valueless for any occupancy purposes. 

No claims can be initiated upon lands within National Forests, nor 

upon lands withdrawn for National Forest purposes. 

Initiation of except under the mining laws, the coal-land laws, and 

tional Forest i^mder the act of June 11, 1906 (34 Stat., 233). 

land. Claims, however, within a National Forest initiated 

8 



CLAIMS. 9 

prior to the withdrawal of the hinds, or their inchision therein, may- 
be perfected and patents obtained by compUance with the law under 
which such claims were initiated. 

Determina- The determination of cjuestions involving title to 
tioa of title to unj^erfected claims in National Forests is within the 
claims. jurisdiction of the Secretary of the Interior. 

A valid claim is one initiated in good faith under some act of 
. Congress for the acc^uisition of title to public lands 

valid dail^° ^ ^^^^ continued by use consistent with the char- 
acter of the claim and necessary for its actual 
development. 

It is a fundamental recpiisite that all claims be initiated in good 
faith for the purpose contemplated by the law under which they are 
held. It is bad faith, for instance, to hold a mining or agricultural 
claim primarily for the timber thereon or to acquire a site valuable 
for water-power development. Where the land is held for the timber, 
for a hotel site, saloon site, or other foreign use, and there has been no 
compliance with the requirements of the law under which the claim 
was initiated, it may be considered prejudicial to National Forest 
interests. 

It has been held by the Department of the Interior that the with- 
drawal of lands for and their inclusion in a National 
Government Forest constitutes the Government an adverse claim- 
adverse claimant j^j^^ ^Q ^i^Q land. No contest or protest against issu- 
drav?n for Na- ^iic© of patent can be considered by the General Land 
tional Forests. Ofiice unless specific charges are filed within two years 
after the date of issuance of final certificate, except 
as to timber and stone entries. 

In harmony with the practice of the General Land 

Reports on oilice, all reports on claims made by Forest officers 
clamis are con- j. i i i i r i i^ • i i u • i 

fidential. must be held as conlitlential, and may be exammed 

only by" duly authorized officers and emplo3'ees of 
the Government. 

Prospecting will not be interfered with and mineral locations will 
not be examined prior to application for mineral 
Examinations patent, except where a report is requested by the 
claims! ^°^^ ^ department of the Interior or where locations inter- 
fere with the administration of the National Forest. 
No adverse report w^ill be submitted to the Department of the Inte- 
rior which has not been made by a mineral examiner. 

A squatter is one who settled upon a tract of unsurveyed public 
land with the bona fide intent to acquire title thereto under the 
homestead law upon public survey of the land. 

Squatters v.ho settled upon National Forest land before its with- 
drawal and who have maintained residence thereon, 
Squatters' improvements, and cultivation in good faith since 
tion™l ^Forest settlement and who a¥e awaiting public survey to 
land. make entry have the same right to occupy and enjoy 

their holdings as homestead entrj^men. 
Such a settler must make entry of the land claimed within tliree 
months from the filing of the township i)lat in the local land ofiice 
for the district within which such land is situated. Failure to do so 
may forfeit his prior right of entry. 
9388°— 12^2 



10 THE NATIONAL FOEEST MANUAL. 

No rights can bo initiated in tliis way upon land wliicJi lias been 
withdrawn for or included in a National Forest. 

A posted notice of claim to a tract of land is not the basis of title, 
and where actual residence in pursuance of an intention to remain 
is relied upon as the basis, failure to maintain it may result in the 
forfeiture of the claim. Squatters may, at their option, await public 
survey or applv for the examination of their lands that they mav be 
opened to entry under the act of June 11, 1906_ (34 Stat., 233). 

The locator, or subsequent owner, of a mining claim has a right 
to the use of sufficient timber from his claim for 

Free u s e of development purposes. This includes the construc- 
timber for devel- ; • j. i i -i r i 

opment of mining ^^^^^ ^'^ sucli buildmgs as may be necessary as an 
claims. adjunct to such development and the timber for 

shafts and tunnels, as well as for fuel in connection 
with such development. Timber, however, may not be cut from one 
claim to be usecl on another claim even if it be of the same group 
unless its use tends to develop the claim from which it is cut, as well 
as the one on which it is used, except under free-use permit (Regs. S-19 
toS-27)._ 

A mining claimant has no right whatever to cut or remove timber 
from his claim for sale or for purposes other than the development 
of the claim, and such removal constitutes trespass (Reg. T-2), except 
where the r(unoval of the timber reasonably in advance of the mining 
work is necessary to the development of the claim. 

Upon the cancellation of any claim to lands within a National 
Forest the land involved becomes part of the National 
after^^"^ ^^11^?^^ Forest, excepting canceled entries under the act of 
of claim. June 11, 190G, and excepting entries canceled and 

reinstated under the act of March 3, 1911, and except- 
ing canceled entries upon lands which are within the boundaries of 
the Forest, but which, by the conditions of the proclamation creating 
it, are not included therein, and unless the claim erroneously covered 
part of an odd-numbered section within the primary limits of a 
railroad grant or was canceled by reason of the superior adverse 
claim of another. 

In cases of pending homestead entries, if the entry is not canceled 
within one year after the expiration of the seven-year period from 
the date of entry within which no proof has been submitted, the 
supervisor will report the case to the district forester, who will call 
this to the attention of the chief of field division. In these cases no 
report as required by Form 655 will be necessary, as, under the 
regular Land Office procedure, the local land ofEce ofhcials will 
notify the entryman to show cause why the entry should not be can- 
celed on account of the expiration of the seven-year period. 

The title of the United States passes with the patent, but its 

_ , . , delivery is not necessary, since the title l)y patent is 

bypalen? ^ne of record and it relates back to the initiation of 

the claim and cuts off all intervening claims. 

If a patent to public land is not expressly required by law, title 

p f^- 1 passes fully by certification (as in the case of a land 

by c^enmcaHon. ^ grant to a State). If, however, the certification is 

erroneous for any reason, patent may issue on a 

bona fide entry of record prior to or at the date of such certification. 



CLAIMS. 11 

A ])atent, or a final certificate wliicli lias been issued for more than 

two years without the filing of any protest or contest 

. ^ ^J'^^^f^n^I^ against the entry, can be invalidated only by iudicial 
inav be annulled. *^ ,. i \ i . . p -i "^ • •' i , 

proceedings, but where a patent laiis properly to 

describe the land it may be surrendered and a new patent will issue 
to correct tlie mistake. Proceedings to annul patents must be insti- 
tuted in a court of competent jurisdiction witliiu six years from the 
date of patent. The United States w4il not attack a regularly issued 
patent without a convincing showing that fraud was committed in 
procuring it. 

Suit to vacate a patent will be recommended to the Department of 
Justice by the Department of the Interior where it 
patent*. *° ''^^^^^ appears that the hnal proof was false or fraudulent; 
but such suit will not be advised where the evidence is 
not convincing or where tlie land is in the hands of an innocent pur- 
chaser without notice of the fraud. The right to bring suit in the 
name of the United States to set aside a patent exists only when the 
Government has an interest, or where the title has been secured by 
false and fraudulent evidence introduced to affect the judgment of 
the Land Office officials, or the Government is under obligation to 
make the title good. 

PROCEBTJHIi: OH NATIONAL FORESTS. 

V/hen exami- h]xaminations and reports upon claims will be made 

nation and report |^„ Forest officers under instructions from the Forest 
will be maae. ^ 

supervisors: 

(</) Upon request fi'om the Commissioner of the General Land 
Office or the chief of field division ; 

(h) Upon receij)t from the local land ofiice of notice of application 
for patent on a mining claim, or of notice of intention to submit final 
proof on an agricultural claim; 

(c) When claimants are making unlawful use of claims, or are holding 
them for unlawful purposes, or bad faith in connection with them 
is manifest, or when a tres{)ass occurs upon or under color of a claim. 
When a claims case is initiated, the supervisor will make an index 
card and a folder for the case, using a white card for 
Record of agricultural claims and a blue card for mineral claims. 
viso?s officeT'' Upon the index cards will be entered the case designa- 
tion and such notations as may be necessary. The 
case will be filed alphabetically according to the name of the claim or 
claimant. The supervisor will tlien secure the status of the land if 
necessary and ortler the examination. 

The strength of the report does not rest primarily upon the number 

of witnesses, but ratlier upon their credibifity and 

Evidence t o opportunity for knowing the facts. When a report 

^^^^''tlV^^H ^fnH shows adverse facts, it shouhl give the names of two 
ascei tamed and t • , .1 -. i ^ ^.i 1 i. 

reported. oi' more disinterested witnesses, by whom the state- 

ments can be proved, and should be accompanied by 
affidavits or statements regarding the facts to which they will testify 
at a hearing. If affidavits can not bo ol)tained, a statenient of facts 
by each witness (preferal>ly signed by the witness) and his attitude in 
the premises should be furnished, since incorrect im])ressions may be 
obtained from conversations, and a witness's statement on the stand 



12 THE NATIONAL FOREST MANUAL. 

may vary in a marked degree from the impression which he gave the 
Forest officer when mterviewed. The Forest officers should seek to 
ascertain only relevant facts about the claim under examination. 
Facts should be reported whether they are favorable or unfavorable. 
Whenever possible the report of facts should be corroborated by the 
testimony of witnesses. 

Every affidavit or statement should include the residence and post- 
office address of the witness. Those who have lived 
Affidavits and j^gj^r the claim are preferable to those residing at a 
witnesses. distance. Where possible, effort should be made to 

secure the testimony of reputable members of the 
community with no interest in the case except to state the facts. 
If Forest officers know that witnesses who may be summoned to 
testify in behalf of the claimant are aware of facts 
Witnesses i n adverse to the claimant but to which they will prob- 
gjj^^ ' ably fail to testify, thoy should report those facts 

when ascertained to the district forester. 
In the preparation of statements care should be taken to see that 
they do not contain conclusions of the witnesses, but 
vits?'™ ^^^y statements of known facts. For mstance, such 

statements as "Claimant has not resided upon the 
land in good faith," or " has not shown good faith in his occupancy and 
improvement of the premises," or in the case of a mining location "has 
not expended the required amount in labor to entitle him to patent," 
or "has not used the claim for the purpose contemplated by the min- 
ing law," are all conclusions and must be left to the officer of the 
Interior Department who y)asses upon the testimony. 
The following form of affidavit may be used: 

State of , County of , ss: 



, whose post-office address is , being duly sworn, deposes and 

Bays: (Here follows a concise statement of the facts disclosed by the affiant.) 

That I have carefully read the foregoing statement of facts, understand their import, 
and they are true to the best of my knowledge. 

(Signature of the affiant.) 
Subscribed and sworn to before me this day of , 19 — . 



(Name of Forest oflicer.) 



(Title of Forest ofTicer.) 

When it is reported that a claimant or a w^itness made any state- 
ment respecting the claim to another, the name of the 
witnes^s^oothers"'^ person to whom such statement was made and his 
post-office address should appear. When any state- 
ment in the report is made upon the authority of another, the name 
and address of the person from whom the information was obtained 
should be given. 

Plearsay (statements by persons without actual knowledge of the 

facts) or opinions regarding the claimant's movements, 

Hearsay, or intentions, or actions are valueless. Negative testi- 

t^nnTev^d'ence. ' mony also is of little force. For example, where the 

affiant states "he did not see the claimant at a certain 

place" or "on a certain occasion." From the testimony it should 

appear that the affiant or witness was present and in a position where 

he must of necessity have seen the clannant if he had been there. 



CLAIMS, 13 

Affidavits and statements will be treated as confidential and will 
Affid "t d ^^^^ ^® produced at a hearing or at any other time 
statements confi- unless the witness on the stand departs from the 
dential. statements formerly made. 

Forest officers who administer oaths must verify 
• ^^™^^^*®'^" the signature of the witness at the time of securing 
mg oa s. ^^^ affidavit or written statement. 

Since witnesses are calletl upon to testify in great detail, Forest 
officers should carefully note all facts in their note- 
Use of note- books at the time of the examination or of their occur- 
DooK in near- 1,1 - i-j* r 1 1 

ings. rence, and they may testify from such memoranda 

at the hearing. Only original notes can be used by 
a witness at the hearing to refresh his memory. 

If the land involved in any claim to which title is sought from the 

United States is available and apparently held as a res- 

Report on orvoir or power site, it should be rcjiorted with details 

claims covering i^iV • 1 i i- e I^ ^ 

reservoir or power '"^^ ^^ ^^^^ dimensions and construction ot the dam, area 
sites. of watershed and of reservoir, and volume and fall of 

water controlled by the site, and particularly as to the 
interests proposed to be served by such reservoir or power site and 
respecting the movements and operations of the claimant. 

In order to have com])lete information at hand regarding all home- 
stead claims on the Forests, it is im])ortant that a rec- 
Correct re.c- qj^j \^q kept by the district ranger of the condition of 
on h^omTstead ^^^ unpatented homestead claims in the district. If 
claims. this information is compiled from time to time it will 

not be necessary to de])end entirely uj)on the state- 
ments of settlers and local residents when formal reports are called 
for. Information so obtained should be filed separately by cases in 
the rangers' files. Supervisors should keep district rangers informed 
of the location of all claims of this character. When possible, an 
annual report should be made by the district ranger on each unper- 
fected homestead entry in his district. This report should be placed in 
the supervisor's files and should not l)e forwarded to thedistrict forester. 
Reports should include material facts and give specific dates regarding 
residence and improvements and should also include the names and 
addresses of witnesses who are familiar witli the facts. 

What consti- ■'^ report on a homestead claim will be considered 
tutes a favorable favorable wjien it shows that the claim is apparently 
report on a home- held in good faith and in accordance with the terms 
stead claim. ^f ^j^^ j.^^^ under which it is asserted, 

A preliminary report on a mining claim will be considered favorable 

when it shows (a) that the claim is apparently held in 

What consti- good faith for the purposes authorized by law; {h) 

tutes a favorable ^j^.^^ ^^iq expenditure has been made on the improve- 

portTiTa'^minbig m<?iit work as required by law; and (c) that the issu- 

claim. ance of patent will not prejudice the interests of the 

United States. 
A report upon an agricultural claim will contain a recommendation 

whether or not proceedings should be instituted 

Recommenda - against the claim to determine its validity or whether 

clSnT. '^^°" ""^ tiie claim should be patented. No recommendation 

for or against patenting will be made in a preliminary 
report upon a mineral claim. In the case of an unfavorable report by 



14 



THE NATIONAL FOBEST MANUAL. 



a mineral examiner the recommendation should be made by such 
officer that the location or entry '' be declared invalid " or " canceled," 
and the report should specify the charges or reasons for making the 
adverse recommen(hitions. Where the report is favorable, the rec- 
ommendation should be that ''patent issue." 

A report upon a claim, when received by the supervisor, should be 
carefully scrutinized to insure the thoroughness of the 
investigation and the completeness of statement. 
If, for any reason, it appears that the report is 
erroneous or incomplete, the supervisor will return it 
to the Forest officer who made the examination, 
indicating its defects and rec[uiring its correction. 

When requested by the district assistant to the solicitor, the 
supervisor will, whenever practicable, instruct a 
Forest officer to see the witnesses for the Govern- 
ment and ascertam whether there is likely to be any 
change in their testimony from that indicated in the 
report on the case. The reply of the supervisor will 
be addressed to the district assistant to the solicitor through the 
district forester. Should it be found that any witness will bo unable 
to attend the hearing, that fact will be reported to the district assist- 
ant to the solicitor that steps may be taKen to secure a deposition. 
When requested by the district assistant to the solicitor, the following 
form will be prepared by the supervisor, who will transmit two copies 
to the district assistant to the solicitor. The summary must bear the 
case designation and the date of the report to which it relates. It 
must be in the hands of the district assistant to the solicitor not less 
than two weeks prior to the date set for the hearing. 
The summar}' of witnesses will be submitted in the following form : 



T h oroughness 
of investigation 
and complete- 
ness of report. 



Summary o f 
witnesses after 
hearing is or- 
dered. 



^Yitnesscs to sustain charge No. 1: 





Occupation. 


Residence.' 


Tost office, 
town, and 
county. 




Nan'.e. 


Section, town- 
ship, and range. 


Miles from 
town, tou-n, 
and county. 


Affidavit 
secui-ed. 







































Witnosses to sustain charge No. 2: 



Witnesses to sustain charge No. 3: 






Forest Supervisor. 



1 To be filled in, except wliere witness lives in a town. 



CLAIMS. 15 

When the report is favorable to the patenting of the claim, the case 
will be closed when the supervisor is notified by the 
casesf'"^ *^ district forester that a favorable report has been 

forwarded to the chief of held division. 

Wlien the report forwarded to the chief of field division is adverse 
to the patenting of the claim, the case will be closed when the super- 
visor is notihed by the district forester that the case has been closed 
m the General Land Office. 

Requests from the Commissioner or the chief of field division of 
the General Land Office or from the Solicitor for 
reque^st from special reports on claims within National Forests 
Commissioner, will be received by the supervisor by reference from 
chief of field di- the district forester. The supervisor will make the 
vision, or Solici- necessary entries in his records and direct an 
report?'^ ^^ examination and report by a Forest officer. The 
report will be prepared in accordance with the out- 
line on Form 654 or 655, and will be made with an original and for.r 
copies. One copy will be retained by the Forest officer, one by the 
supervisor, and the original and two copies will be forwarded to the 
district forester, together with the original and two copies of all affi- 
davits and the original letter from the Commissioner, chief of field 
division, or the Solicitor. At the top of the first page of the report a 
reference to the letter of request will be made by indorsement to 
identify the report with the related jnipers in the file of the General 
Land Office. The indorsement will be in the following form: "lief- 
erence is made to the Commissioner's letter ('N' B. K. G. Oakland 
03108) dated January 18, 1909,'' or ''Reference is made to notice of 
application to submit final proof on , 1911." 

In accordance with the instructions of the Secretary of the Interior, 

Action upon re- i"<^gisters and receivers will send to supervisors con- 
ceipt of notice of cerned copies in triplicate of notices of final proof and 
final proof or of of applications for mineral entry. A copy of the 
application for notice in each case must be returned to the register 
mineral patent. ^^^j receiver prior to the date advertised for submis- 
sion of fmal j)roof. It is desired that reports be obtained by the 
supervisor prior to the return of the notice, and notices will be held 
whenever possible until reports have been received. When it is 
evident to the supervisor that because of climatic conditions an early 
examination and report can not be made, he will return the notice to 
the register and receiver with an indorsement giving the date approxi- 
mately when the report will l)e sent to the district forester. 

This indorsement will be upon the face and at the bottom of the 
notice and will be dated and signed by the supervisor. In accordance 
with the circumstances of the case the indorsement will be as follows: 
(a) "No objection at this time to issuance of final certificate — right 
in law to future contest not waived should facts develop warranting 
charges; report submitted (or will be submitted) to the district 

forester , 19 — ;" (b) "Protest; report submitted (or will be 

submitted) to the district forester , 19 — ;" (c) "The land 

involved is not within the boundaries of a National Forest, and no 
report will be made by the Forest Service;" (d) "The land involved 

is located Vv^ithin a proposed elimination from National Forest, 

and no report will be made l)y the Forest Service;" (f) "This entry 
was initiated under the act of June 11, 1906, and no report will be 



16 THE NATIONAL FOEEST MANUAL. 

made by the Forest Service, as the Department of Agriculture has no 
autliority to examine and report on this class of claims." The two 
remaining copies of the notice will be completed by entering thereon 
the indorsement made upon the copy returned to the register and 
receiver and "will be sent at once to the district forester. 

If the report has not been already submitted the supervisor will 
then instruct a Forest oflicer to make an examination and report. 
The instructions, whether by letter or by memorandum, will give the 
date when final proof vrill be su])mitted, the names and addresses of 
the witnesses given in the notice, the indorsement made on the 
notice, and the date the notice was returned to the local land ofRce. 
A copy of this letter or memorandum vrill be retained in the super- 
visor's file as a record of the final proof notice. The report will be 
made in accordance with the outline on Forms 654 and 655, with origi- 
nal and four copies. One copy will be retained by the Forest oflicer, 
one co}>y by the supervisor, and the original and two co})ies will be 
sent to the district forester, accompanied by the original and two 
copies of all affidavits. At the top of the first page of the report 
reference to the notice of final proof will l)e made by indorsement. 
The indorsement will give the date of final proof, the indorsement 
made thereon, and the date thereof, which will be the date of the 
return of the notice to the local land ofhce. 

Before returning to the register and receiver the notice of final 

. proof on entries within proposed eliminations with 

ceipt of notice of ^^^^ indorsement (d) thereon the supervisor will send 
final proof on en- the notice to the district forester to ascertain whether 
tries v/ithin pro- the elimination has been approved. If the proposed 
posed elimina- elimination has been approved, no examination or 
report v/ill be made. A memorandum of the notice 
and the indorsement thereon will be filed, and the two copies of the 
notice with the indorsement entered thereon will be sent to the 
district forester. 

On notice of final proof on entries under the act of June 11, 1906, 

. ^. the notice will be returned to the register and receiver 

Action upon re- -.i ,i • ^ • i ^ / \ i 

ceipt of notice "^^'ith the appropriate indorsement [e) and no exami- 

of final proof oil nation or report will be made. The other two copies 

entries under the of the notice with the indorsement entered thereon 

1Q06°^ J"°® ^^' will be sent to the district forester. Before returning 

the notice to the register and receiver a memorandum 

of the notice and the indorsement thereon will be made and filed v/ith 

the settlement case to which it relates. 

In cases whore the supervisor fails to receive notice of final proof 

Failure to re- ^^ notice of application for mineral patent at the 

ceive notice time of. or soon after the beginning of the period of 

fi-om registers publication, he will report the fact to the district 

and receivers. forester for appropriate action. 

Forest officers Forest officers wUl not appear at final proof to 

Gnllmoof^^^^ ^* cross-examine claimants or their witnesses. 

Notice of an order for surve}^ of a mineral claim is not a request 

from the Interior Department for a report, and no 

cef f oTiio^ice'^of ^^P°^'^ *^^ ^^^^ claim will be made at the time of this 

an order for min- survey unless the claim actually interferes with the 

eral survey. administration of the National Forest. Upon receipt 



CLAIMS. 17 

of notice of an order for mineral survey, which notice will contain 
the name and address of the mineral survej^or and of the claimant 
and the name, survey number, and a])])roximate location of the 
claim, the supervisor will when necessary instruct a Forest ofiicer 
to be present when the survey is made. The Forest ofiicer will 
make and submit a memorandum, to be filed for future reference, 
of the boundaries, the expenditure, and the development work, to 
which the siu'vej^or will certify, and of the cuts, shafts, and tunnels 
on the claim. 

Wlien a mineral claim is to be examined, the supervisor will send 

the Forest officer who is to make tne examination a 

Copies of min- copy of the memorandum, or may when necessary 

era! surveyor's ggcure from the local land office a copy of that part 

making^examhi^ of the mineral surveyor's field notes relating to 

tion. development work and improvements. If they are 

not available, the district forester ma}^ secure a copy 

from the surveyor general's office. 

When the district forester has determined from the facts presented 
in the preliminary report on a mineral claim that 
Examination of i\iq conclusions (a) and (h) are not warranted, and 
b^^m[neral*esam- ^^^ examination by a mineral examiner has been 
iaeTs. ordered, the claimant will be notified by the super- 

visor of the date the examination will be made and 
will be requested to be present or bo represented. The report of the 
mineral examiner will be submitted to the Forest supervisor and wOl 
be acted upon in accordance with the procedure followed in all other 
claims reports. 

Occupancy of the land by squatters after its withdrawal for 
National Forest purposes is trespass, and the super- 
c„^ffVfii> ^i;^o visor will act in accordance with the i^rocedure pre- 
where claimants scribed under 'Occupancy irespass, unless the 
settled after the claimant was occupying the land on January 1, 1906, 
withdrawal of the i^ which case the claimant may apply within a rea- 

!f°i?L"!!^lT.^^ sonable time for the listing of the land under the act 
Forest purposes. ^^ j^^^^ ^^^ ^^^^ ^^^^ "Settlement,'; p. 25). 

When the claimant settled on the land prior to its withdrawal for 

Action upon National Forest purposes and is apparently comply- 

squatters' claims ing with the requirements of the homestead law, no 

where claimants .^ction will be taken bv Forest ofhcers, since the 
settled before the i • , , i • ' t .• •! . 

withdrawal of the claimant may at his own discretion await an exten- 

land for National sion of the public-land survey, or may apply for the 

Forest purposes, listing of the land under the act of June 11, 1906, 

before making entry. 

When the claimant settled on the land prior to its withdrawal for 
National Forest purposes, but has failed to compl}'- with the require- 
ments of the homestead law, no action will De taken by Forest 
officers prior to the approval of the plat of survey unless the claim 
interferes with Forest administration, in which case the supervisor 
will order an examination and report in accordance with the pro- 
cedure herein prescribed for making reports on claims. 

When the plat of survey has been approved by the Commissioner 

of the General Land Office, the supervisor will protest the squatter's 

application for entry if the requirements of the homestead law have 

not been complied with. The protest should be filed in the local 

9388°— 12 3 



18 THE NATIONAL FOREST MANUAL. 

land office prior to the date when entries can be received, and will be 

in the following form : 

Deadwood, S. Dak., 

December 20, 1910. 
Register and Receiver, 

Rapid City, S. Dak. 
Gentlemen: Since plat of survey of T. 20 N., R. 15 E., B. II. M., has been approved 
by the Commissioner of the General Land Office and entries wdll be received February 
15, 1911, the Forest Service protests against the acceptance of entry from John Jones 
for NW \ sec. 9, T. 20 N., R. 15 E., B. H. M., on the grounds that John Jones has not 
maintained continuous residence on and cultivation of the hind in good faith as re- 
quired by law (or has wholly abandoned the land for more than six months last past). 
This land was withdrawn for National Forest purposes December 3, 1904, and was 
included in the Black Hills National Forest February 1, 1905. 
A detailed report will be forwarded to the district forester. 
Very truly yours, 

Foreat Supcrrisor. 

The supervisor will then order an examination and report in 
accordance with the procedure herein prescribed for making reports 
on claims. 

After a squatter's claim has been declared invalid by the Depart- 
ment of the Interior further occupancy of the claim b}^ the claimant 
is trespass, and the supervisor will, in such case, report the facts to 
the district forester with recommendations for the institution of tres- 
pass proceedings. 

Supervisors will include in their annual statistical 

Supervisor's j-eport (Form 446) to the district forester, due on 
claim^s ^^^^^ °^ J^'V 15, a statement of the claims work on their 
Forests for the preceding fiscal year. 

Action upon When notification of the extension of the public- 
receipt of notifi- land survey over lands M^ithin a National Forest is 
cation of extsn- i-eeeiycd by reference from the district forester, a 
land survey" ^^' record of the extension will be made in the tract 
book. 

PROCEDXTIIE IN DISTRICT OFFICE. 

All reports on claims made by Forest officers will be submitted in 
triplicate to the proper district forester. Each case 
ports^ ^^~ ^^'^'^ ^^ ^^^^^^ "^ ^ separate folder under the case desig- 

nation. An index card will be used for each case, 
upon which will be entered the case designation and such notations 
as may be necessary — a white card will be used for agricultural 
claims and a blue card for mineral claims. 

If upon a review of the report the district forester is of the opinion 
that no contest should be initiated, he will transmit 
favoraMe re"p?r*is" ^ho report direct to the proper chief of field division 
or the General Land Ornce with an indorsement or 
"No protest," except that in the case of claims under the mining 
laws which have not been examined for mineral discovery the notice 
of "No protest" will be by letter from the district forester to the 
chief of field division instead of by the transmittal of an indorsed 
report. In such cases the letter will be in the following form: 

Chief of Field Division, 

General Land Office, Portlajid, Oreg. 
Dear Sir: The Forest Service will enter no protest against the issuance of patent 
for Mineral Survey No. 2444, Mineral Application No. 02588, Coeur d'Alene Land 



CLAIMS. 19 

District, Wampum Mining Co., claimant for the ^^■igwam Lode, within the Coeur 
d'Alene National Forest. 

Reference is made to letters ("N" 11. ('. F.) of the Commissioner of the General 
Land Office to the Forester, dated May 7 and September 20, 1910, respectively, 
requesting report on this caae. 

Very truly yours, , 

Disin'ct Forester. 

If the chief of fiekl division is of opinion that no hearint^ is neces- 
sary, he will, in accordance with the rcgnlations of the Interior 
Department, transmit the report or the letter "No protest" to tlie 
Commissioner of the General Land OfRce with his recommendation. 

When npon a review of the facts presented in a preliminary report 
on a mineral claim it is determined that the conclu- 

Report by c^i^j^g ^\^^ Yl^^l warrant a favorahle report, the district 
mineral exam- <. , .,, , -.-^i ^i 

i^gj.^ lorester wnl order an exammation and report by a 

mineral examiner. No other action will be taken 

upon the preliminary report, and the report of the mineral examiner, 

wlien received, w411 be acted npon in accordance with the procedure 

followed in other reports from Forest officers. 

If the district forester is of the opinion that a contest should be 
instituted, he will refer the report to the district 
adverse" eports^ ° assistant to the solicitor for examination as to the 
law and the sufficiency of the evidence. ITpon the 
request of the district assistant to the solicitor the district forester 
will order such additional investigation or secure such additional 
evidence as tlie district assistant to the solicitor may require. 

If the district forester is informed by tb.e district assistant to the 
solicitor that, in his opinion, no contest should be instituted, and if 
the district forester is still of the opinion that one should be instituted, 
he will refer all the papers in the case to the Forester. 

When a report has been found to be sufficient and is returned by 
the district assistant to the solicitor with a draft of the charges against 
the claim, the district forester will transmit the report directly to the 
chief of field division with recommendation that a contest be insti- 
tuted upon the charges indicated. 

In every case tlie original and one copy of the 

Reports re- j-pp^p^ j^^d the orioinal and one copy of all affidavits 
ferred to chiei of ^ i . , , ^n i j. -ix i a ai \ • e c 

field division. ^^^^^ statements will be transmitted to the chief ot 

field division. 
„ . When a report is transmitted to the chief of field 

claimant and division, the district forester will at once notify the 
supervisor of claimant of the fact and the date of transmission, and 
transmission of whether the report was favorable or unfavorable, with 
report to chief of j^,^ further detail. A copy of the letter to the claimant 
field division. •,, , , , ,, ^-• 

will be sent to tlie supervisor. 

When a report has been submitted to the chief of 
Case referred to field division with recommendation that a contest be 
fo^the^ solr^t^?"' initiated, the district forester will refer all the papers 
in the case to the district assistant to the solicitor. 
Should the chief of field division find a report, in his opinion, insuf- 
ficient to warrant adverse proceedings, he will, in 
Additional in- accordance with the regulations of the Department of 
vestigation re- ^|,^, Interior, return it directly to the district forester, 
of field division. ^^'^^^ ^""''^^^ issue the necessary instructions to have the 
additional investigation made and who will submit to 



20 THE NATIONAL FOEEST MANUAL. 

tho chief of field division such supplementary reports as may be 
required. 

The regulations of the Department of the Interior provide that if, 

after receiving from tlie district forester the complete 
Action by report, the cliief of field division is of opinion that 
chief of field di- adverse proceedings should be ordered, he will trans- 
vision. ^^^^^ ^j^^ report, together with the district forester's 

recommendations, to tho Commissioner of the General Land Office 
with a recommendation that a hearing bo ordered upon the charges 
suggested by him, and if after receiAang a complete report and recom- 
mendations from the district forester for adverse proceedings, the 
chief of field division is of opinion that a hearing is unwarranted, he 
will transmit the report and the district forester's recommendation 
and his own recommendations to tho Commissioner for decision. 
Should the Commissioner ap])rove the recommendations of the chief 
of field division, he will notify the SoHcitor of the Department of 
Agriculture. 

Upon order or application for hearings upon reports covering lands 

or claims within a National Forest, duplicate notices 

Fixing date of thereof are sent by the register and receiver to the 

hearing in local (-hief of field division and the proper district assistant 

to the solicitor. Before setting date for the hearing 
in any such case, the chief of field division will confer with the proper 
district assistant to the solicitor and thereupon suggest to tho register 
and receiver a date for hearing and the names of witnesses to be sub- 
popnaed upon behalf of the Government. In the event the chief of 
field division and the district assistant to the solicitor are unable to 
agree as to the date of hearing, tlie matter will be referred by the 
chief of field division to the Commissioner of the General Land Ollice, 
who will issue the necessary directions. 

After the date for hearing in a case has been set, the district 

assistant to the solicitor will, when necessary, instruct 

Summary o f the supervisor to interview the witnesses and return 

witnesses after ^|^g summary of witnesses as described under ''Pro- 

stt ^^ ^^° cedure on National Forests." The supervisor will 

thereafter instruct Forest officers to secure such addi- 
tional evidence and supply such additional information as may be 
required by the district assistant to the solicitor. 

In all hearings afi'ecting lands or claims within a National Forest, 

the chief of field division or a special agent of the 

District assist- General Land Ollice and the district assistant to the 

ant to the solici- solicitor will be entered of record as appearing on 

Service '^at^'^hear- behalf of the Government. The chief of field division 

ings. or special agent of the General Land Ollice acting as 

attorne}^ for the Government in any such case will 
control the Government's side of the case in any matter as to which 
counsel are unable to agree, subject to any direction that may be 
given by tho Commissioner of the General Land Office, in case the 
matters of difference are of such importance as to be presented to him 
for action. In all Government cases before registers and receivers 
involving lands or claims witliin a National Forest, the chief of field 
division and the district assistant to the solicitor will each be served 
with notice of all appeals, motions, orders, and decisions required to 
be noted under the rules in cases of private contests. 



CLAIMS. 21 

Costs incident to hearings before registers and receivers in Govern- 
ment cases involving lands or claims within a National 
to hearing"*^^^^"* Forest will be paid under rules now in force. Expenses 
earmgs. incident to appeals will be paid by the Department of 

Agriculture, except that, where feasible, chiefs of field divisions may 
give aid in oflice work in preparation of papers, briefs, etc. 

When the report is favorable to the patenting of the claim, the case 
^, . , . will be closed when the report is forwarded to the 

casis.'""^ ^ ^^'^^t o^ ^^^'^ division. 

When the report is adverse to the patenting of the 
claim, the case will be closed when notice is received from the Com- 
missioner that the case is closed on the records of the General Land 
Office. This notification Vv ill be received through the district assistant 
to the solicitor, with the return from him of all papers in the case. 
The copy of the Commissioner's notice and the decision will be filed 
with the papers in the case and the supervisor will be notified by 
letter or l)y a copy of the decision. 

Replies to letters from the Commissioner of the General Land 
Office received bv reference from the Forester, or 
request from ^^'ttcrs from the chief of field division of the General 
Commissioner or Land Office recpiesting information relating to claims, 
chief of field di- will be by letter from the district forester to the chief 
vision for infor- of field division. 

fecial reports. ^^ ^^ ^^^ request is for a report which has already been 
submitted to the Interior Department, the district 
forester will write the chief of field division with appropriate reference 
to the letter of request and give the date upon miich the report was 
submitted. 

WTien it is necessar}' to secure the information from the supervisor, 
or when a special report is requested, the letter of request will be 
referred by stamped mdorsement to the supervisor for investigation 
and report. Before referring the letter a memorandum will be made, 
showing the title, file number, initials, and date of the letter of 
request, the number and kind of entry, and the name of the claimant 
or of the mineral claim. This memorandum will be filed in the dis- 
trict office and will constitute the record until the supervisor's report 
is received. Follow-up cards (Forms 326 and 327) will be made, and 
the post card (Form 326) will be sent with the letter of request to the 
supervisor. No mere acknowledgment of the receipt of such re- 
Cjuests will be made. 

If the district forester is of opinion or is informed by the supervisor 
that the report can not be submitted within the time specified in the 
letter of the Commissioner, he will inform the chief of field division, 
stating the reason for the delay and giving a date when the report 
will be transmitted. Two carbon copies of the letter to the chief of 
field division will be sent to the supervisor, one for his files and one 
for the information of the Forest officer who will make the report. 

When the report is received from the supervisor, it will be acted 
upon as herein provided and forwarded to the chief of field division. 

In all cases letters from the district forester to the chief of field 
division, submitting reports or making recommendations relating to 
claims, will be prepared with two extra carbon copies, one to accom- 
pany the original letter to the chief of field division and the other to 
be sent to the supervisor concerned for his information. 



22 THE NATIONAL FOEEST MANUAL. 

When the request is from the Solicitor and is received through the 

Forester, the same procedure will be followed as 

Action upon upon requests from the Commissioner of the General 

requests from L^nd Office, except that the letter giving the informa- 

infonnation or for ^i^n or transmitting the report will be addressed to 

special reports. the Solicitor and will be prepared by the district 

forester for the signature of the Forester. No copies 

of such letters need be sent to the chief of field division. When the 

request is from the Solicitor and is received through the district 

assistant to the solicitor, the information will be furnished to the 

assistant to the solicitor for transmission to the Solicitor. 

If the request is for a report on a claim initiated under the act of 

June 11, 1906, the letter in replv will be in the fol- 

Action upon lowing form: "The Sundance 01718 'C' E.R.B. letter 

requests for re- q£ January 15, 1911, from the Commissioner to the 

port on a claim ttixa' i. 4.\ • • -j 

under the act of forester, requestmg report on this case, is received. 

Jime 11, 1906. As the entry to the land involved was initiated under 
the act of June 11, 1906, and as the Department of 
Agriculture has no authorit}^ to examine and report upon this class 
of claims, no report will be sent to you. " 

When a copy of local land office notice of final proof, or application 
for mineral patent, is received from the supervisor, 

Action upon one copy will be forwarded to the chief of field divi- 
receipt of notice ^-^^^^ with rubber-stamp reference signed by_ the dis- 
application^^^f o\ trict forester. When the copy of the notice is in- 
mineral patent. dorsed by the supervisor tliat report has been sub- 
mitted to the district forester, the latter will verify 
the statement from his records, and if the report has been submitted 
(or will be submitted) by him to the chief of held division, he will 
inform the latter by further indorsement on the notice of the date 
it was or will be submitted. If the report was submitted under a 
former procediu'e to the Commissioner of the General Land Office, 
the district forester will mform the chief of held division by indorse- 
ment on the notice of the date it was submitted. 

When the district forester receives a request from the supervisor 
for information or instructions regarding the indorse- 

Action on no- ment to be made upon a local land office notice of 
tice of final proof fuj,^} proof Oil entries within proposed eliminations, he 
on entries within -n ^-i- j-\ ' l m- c \\ 

proposed elimi- wm, ir necessary, secure the mtormation irom the 

nations. Forester before instructing the supervisor. If the in- 

dorsement, ''The land involved is located within a 
proposed elimination from the National Forest, and no report will be 
made by the Forest Service," should be made, the district forester 
win instruct the supervisor accordingly, and when the indorsement 
has been made by the supervisor and two copies of the notices have 
been returned to the district forester one copy wiU be forwarded to 
the chief of field division by stamped reference signed b}^ the district 
forester. 

When a clauns report is received with a trespass report, a memo- 
randum will be made showing the action, if any, upon 
Action upon a the claims report. If it be decided that the claim 
claims report re- giioi^ilj hq^ be protested, the trespass report with the 
tr^espass report, ^ claims report and the memorandum will be referred 
to the district assistant to the soUcitor, and no fui- 



CLAIMS. 23 

tlier action will be taken rejijarcling the claim. If it be decided that 
the claim should be })ro tested, the report on the claim will be detached 
from tlie trespass report. The trespass report, accompanied by a 
copy of the claims report and the memorandum of action taken, will 
then be referred to the district assistant to the solicitor. Action 
upon the report on the claim will then bo taken in accordance with 
the claims procedure. 

Notification of the extension of the })ublic-land survey over lands 

Action upon re- within a National Forest will be received by reference 

ceipt of notifica- from the Forester, and after a record of the exten- 

tion of extension y^^^ ]^.^g been made in the district office the notiilca- 

sur/ey. ^' " ^^ ^^^^^ ^^^^ ^^ ®^^^^ ^^ ^^^^ supervisor concerned. 

By authorit V of the Secretary of x4.griculture the Forester may corre- 
spond directly with chiefs of other bureaus in ref!:ard 

Correspond- ^-^ purelv routine matters that are not leo-al m char- 
ence witn other / o i j -c i i ji t . • ^ 

bureaus. acter. feucli correspondence, ir prepared by the district 

forester, will bo for the signature of the Forester. \ 
Wlienevcr status of lands is required, it will be obtained, if pos- 
sible, from the local land office. When necessary to 
Request to secure status from the public land records in Wash- 
local land office jni^Hon, the district forester will use Form 31,chang- 
and (jreneral-^.i' , j/,» ., iti • ^iji^r- 

Land Office for i"S i^be words ' Kegistcr and Receiver to For- 
status of lands, ester." No letter will bo used in making such re- 
quests to the Forester, but any explanation may be 
made, if necessary, by an accompanying memorandum. Tlie request 
will be returned with the status report (Form 301). 

Annually on August 1 district foresters will submit to the Forester 
District forest- *^^^ standard atlas pages a report on claims. The re- 
ar's ^annual re- P^^^ '^^'^^^ ^^^ "^ ^^1^ form prescribed in advance by the 
port. Forester. 

PROCEDURE IN WASHINGTON OFFICE. 

No mere acknowledgment will be made of a letter of request from 
the Commissioner of the General Ijand Office for 
requTst^from i^^f^^i'^^'^tion or for a special report on a claim, but 
the Com mis- ^^^® letter of request will when necessary be referred 
sioner of the by stamped indorsement to the proper district for- 
General Land ester. Before forwarding the request a memorandum 

SSion o7 special )^1^^. ^'^ ^^'^'^^ ^^'^'^ ^!^'^ showdng the title, file number, 
reports. initials, and date of the letter of request, the number 

and kind of entry, and the name of the claimant or of 
the mineral claim. 

No mere acknovvledgment will be made of a request from the 

Solicitor for information or for a special report in re- 
Action upon gard to a litigated claims case, but tlie request and 
request irom ^^^y accompaiiving pai)ers will when necessary be re- 
the Solicitor forn-',, i - f'} j.j.j.i "^ix-i 

information o r terred by stamped indorsement to the proper district 

special report. forester, except when the circumstances may require 
a letter of instructions. Before forwarding the re- 
quest a memorandum will be made showuig: The date and subject of 
the Solicitor's request, and the date it was referred to the district 
forester; the number and kind of entry, and the name of the claimant 
or of the mineral claim. If the Solicitor's request is accompanied by 



24 THE NATIONAL FOEEST MANUAL. 

a copy of a letter from tlie Commissioner of tlie General liand Office, 
the memorandum will also show tlic file number, initials, and date of 
the Commissioner's letter. These memoranda will be used as promise 
cards, and when the reply to the Solicitor, prepared by tlie district 
forester for the sifrnature of the Forester, is received the memorandum 
relatin<]j to it wdll be fded with the carbon co\)j of the reply 

When a chief of field division, after receiving from a district 

. 1 h s foiester a complete report and recommendation for 
licitor from de" adverse proceedings on a claim, has submitted to the 
cisions of the Commissioner of tlie General Land Office a recom- 
Commissioner of mendation tliat a hearing is unwarranted, and when 
T^^ dnrn^ e r a 1 ^j^g Commissioner has approved the recommendation 
of the chief of field division, the Solicitor of the 
Department of Agriculture is notified of the decision. The regula- 
tions of the Department of the Interior provide that notice of every 
decision of the Commissioner of the General Land Office be given to 
the Solicitor of the Department of Agriculture, who may appeal from 
any such decision, and who may take other like action in the same 
manner as a ])rivate contestant; but the Department of Agriculture 
is not required to take formal appeals from the decisions of the 
registers and receivers. 

When a case is submitted to the Forester by the district forester 
after a disagreement between the district forester and 

Final decision tlie district assistant to the solicitor as to whether a 
on recommenda- contest should be instituted, the Forester will consult 
tion to institute .^ c- r -i j -c xi -ii i, u 

a contest. *'^^ oohcitor, and it necessary the case will be sub- 

mitted to the Secretary of Agriculture for his decision. 

When a final decision is rendered, the Forester will return all the 
papers in the case to the district forester, with notice of the decision 
and appropriate instructions. 

Notification from the Commissioner of tlie General Land Office that 

. . he has approved the plat and field notes of the sur- 

rece^ipT°of notifi- veyor general of an extension of the public-land sur- 
cation of exten- vey over lands within a National Forest will be 
sion of public- forwarded by stamped indorsement to the district 
land survey. forester concerned. 

When lequcst on Form .31 for I'eport on status from the public- 
land records in Washington is received from the 

Action on re- district forester, the request will be returned with 

quest of district ^j^^, Yevt^^^ (Form .301) without a letter of transmittal, 

of lands. '^'^it, II any explanation is necessary it will be by 

memorandum referred by rubber-stamp indorsem.ent. 



SETTLEMENT. 



United States Department of Agriculture, 

Office of the Secretary, 

Washington, D. G. 

By virtue of tlic authoiity vested in the Secretary of Agriculture 
by the act of Congress of February 1, 1905 (o3 Stat., 62S), amendatory 
to the act of Congress of June 4, 1897 (oO Stat., 11), and by the act 
of Congress of June 11, 1906 (34 Stat., 23;]), I, James Wilson, Secre- 
tary of Agricidture, do make and publish the following regulations for 
settlement u])on National Forest lands, the same to supersede all pre- 
vious regulatii^ns for like jnirposes and to be in force and effect from 
the 1st day of February, 1912, and to constitute a part of the Use 
Book. 

In testimony whereof I have lu^reunto set my hajid and official seal, 
at Washington, D. V., this 19th day of December, 1911. 

James Wilson, 
Secretary of Agriculture. 



REGULATIONS. 

Reg. L-50. The act of June 11, 190G, authorizes the Secretary of 
Agriculture to examine and ascertain the location and extent of lands 
within permanent or t(>niporary National For(\sts which are chiefly 
valuable for agriculture, and wiiicli, in his opinion, can be occupied for 
agricultural purposes without injury to the National Forests and 
which are not needed for pu})lic purposes, to the end that they may 
be listed with the Secretary of tlie Interior for oj^ening to settlement 
and entry under the act and homestead laws. The examination an<l 
listing of such lands are optional with the Secretary of Agriculture and 
may be made either independently or on application. 

Reg. L-51. Applications for the examination and listing of lands 
under the act of Juno 11, 1900, must be in writing. 

Applications ^^^^y^^^ ]j(^ dated, and must be signed by the ai)i)licant. 
for listing. j^ ^j^^ ^j.,^^.^ api)Ued for is covered by a ])ublic-land 

survey, it must be describetl by reference to subdivisions, section, 
township, and range witliin which it is located. If the tract is not 
covered by a public-land survey, it must be described by reference to 
natural objects, streams, or improvements with sufficient accuracy t<) 
identify it. A])plications must be Ided with the district forester of 
the district in which the tract applied for is situated. An a])plication 
which is not in the form ])rescribed above will be returne<l to the api)li- 
cant f<jr correction. Piiority of ap])lication will be (U>termined by the 
order in which a])])lications are filed with the district forester in the 
form })rescribe(l luuein. 

9388°— 12 4 25 



26 THE NATIONAL FOREST MANUAL. 

Reg. L-52. The Secretary of Agriculture will not consider the quali- 
fication under the homestead laws of applicants for the examination 
and listing of lands under the act of June 11, 1906. 

Reg. L-53. The rejection by the district forester of an application 
for the examination and listing of lands under the act of June 1 1 , 1906, 
shall be final unless the applicant shall within 30 days after receipt of 
the district forester's decision, in which will be stated the grounds for 
such rejection, file with the district forester a petition for review of 
such decision by tlie Forester. The affirmance by tlie Forester of the 
district forester's decision shall be final unless within 60 days after 
notice of such affirmance tlie applicant shall file \vitli the Forester a peti- 
tion for review of his decision by the Secretary of Agriculture. Every 
petition for review provided for in the regulation shall state the 
grounds upon which it is based, and shall be accompanied by a full, 
clear, and succinct statement of all the material facts in the case, 
together with such argument as the petitioner may care to submit. 

Reg. L-54. All applications by Indians for allotments of lands 
within the National Forests under section 31 of the act of June 25, 1910 
(36 Stat., S53), which are submitted to the Secretary of Agriculture 
in order that he may determine whether the land apphcd for is more 
valuable for agriculture or grazing than for the timber found thereon 
must be made in the form prescribed by the regulations of the Sec- 
retary of the Interior governing Indian allotments on National 
Forests. 



U. S. Department of Agriculture, 

Forest Service, 

WasJiifigton, D. C. 
The following procedure and instructions are hereby established 
and issued to take effect February 1, 1912, governing the enforce- 
ment of the regulations of the Secretary of Agriculture relating to 
settlement in National Forests. 

Henry S. Graves, Forester. 
Approved December 19, 1911. 

James Wilson, Secretary. 



GENERAL INSTRUCTIONS. 

The act of June 11, 1906 (34 Stat., 233), known as the National 

Forest homestead act, provides for the acquisition 

Purposes o f |jy qualified cntrymen of agricultural lands within 

?^ ^.tii.l?ii National Forests. This act is in effect an extension 
Forest homestead „^, , • • p J^^ ^ ^ii x 

act. or the general provisions ot tiie homestead laws to 

agricultural lands wdthin National Forests with the 
essential dillerence that the land must be classified by the Secretary 
of Agriculture as chiefly valuable for agriculture, and that no com- 
mutation is allowed. 

This act authorizes the Secretary of Agriculture, in his discretion, 
to examme and ascertain, upon application or other- 
Authority and wise, the location and extent of lantis, both surveyed 
Sea-e?arTo?Agri- ^"^^^^ uiisurveyed, in National Forests or in temporary 
culture. withdrawals for National Forests, chiefly valuable for 

agriculture, which may be occupied for agricultural 
purposes without injury to the National Forests or public interests. 
He is authorized to list and describe such lands by metes and bounds 
or otherwise, and to file such lists and descriptions with the Secretary 
of the Interior for opening to entry in accordance with the provisions 
of the homestead law and the act. 

The act does not apply to National Forest lands in Santa Barbara 

and San Luis Obispo Counties in California, nor to 

from^tfi a^r^^^ P^^*^ ^^ Lawrence and Pennington Counties in South 

Dakota, except where the land w^as settled upon or 

occupied prior to January 1, 1906. 

Agricultural lands when listed by the Secretaiy of Agriculture are 

opened by the Secretary of the Interior to homestead 

Opening agri- gritry, hi tracts not exceeding 160 acres in area, at 

cultural lands to ^^ ^^^^ expiration of 60 days from the filing of the list 

in the local land office. Notice of the filing of the list 

is posted in the local land office and is published for a period of not 

less than four weeks in a local newspaper. 

27 



28 THE NATIONAL FOREST MANUAL. 

The act provides that the person upon whose appUcation the land 
is examined and hsted, if a quahfied entryman, shall 
•?'^^^f'^^°f^ have the preference right of entry, unless there was 
men/and en^try ^ bona fide settler on the land prior to January 1 , 1 906, 
who has not abandoned the same, in which event the 
settler, if a qualified entryman, shall have the preference right. To 
exercise this preference right, application to enter must be filed in the 
local land ofiice within 60 days after the filing of the list in that office. 
The law also provides that any entryman desiring to obtain patent 
to any lands described by metes and bounds, entered 
Survey and no- ^y him under the provisions of this act, shall, within 
ve"ed Tand°^bel ^^^^ ^^^^^ ^f the date of making settlement, file with 
fo7e^ patent. the required proof of residence and cultivation a plat 

and field notes of the lands entered, made under the 
direction of the United States Surveyor General, showing the bound- 
aries of such lands, which shall be marked by monuments on the 
ground, and by posting a copy of such plat, together with a notice of 
the time and place of offering proof, in a conspicuous place, on the 
land embraced in such plat during the period prescribed by the law 
for the publication of his notice of intention to offer proof; and that a 
copy of such i)lat and field notes shall be posted in the local land office 
for a like period. ■ 

Under a recent cooperative plan efi'ected between the Department 
of the Interior and the Department of Agriculture the original hsting 
survey may be made, if desired by the applicant, under the direction 
and supervision of the surveyor general by a forest officer designated 
by him. Such survey, when made, will be accepted as the final 
survey for the issuance of patent, and will be without expense to the 
applicant except a nominal sum required fc^r clerical work in the 
surveyor general's office. 

While the patenting of lands under the commutation provisions of 

the homestead laws is prohibited on entries made 

Residence on ^^j^^q^ the act of June 11, 1906, entrvmen shall, upon 

en'tries.°''^' final proof, have credit for the period of their actual 

residence upon the land covered by their entries. 

The Secretary of the Interior by letter of January 12,^1910, ruled that 

the provision of section 1 of tlie act of June 11, 1906, which allows 

settlers credit for residence on lands covered by their entries, has 

reference to settlement initiated i)rior to the date of the act only, and 

that residence under pernfit issued by the Forest Service prior to the 

opening of the lands to settlement in the manner prescribed by the 

act is not occupancy of lands within the meaning of the homestead 

law and will not be credited as a part of the residential period required 

to secure patent. 

The act also gives an additional homestead right of entry ui>on 

lands which have been listed as chiefly valuable for 

Additional agriculture, to settlers upon such lands on January 1 , 

homestead rights 1906, who have already exercised or lost their home- 

Srs'Vi'or'"?o Stead rights, but who are otherwise competent to 

Jan. 1, 1906. enter under the homestead laws. Such entrymen 

must comply %\'ith the provisions of the homestead 

law and must in addition pay $2.50 per acre for the lands entered. 



SETTLEMENT. 29 

Settlement be- This act does not authorize any settlements within 
fore opening is ]sj^ational P^orests, except upon lands which have been 
trespass. opened to settlement under its provisions. 

Lands within National P'orests w^ill l)e put to their highest use. 

Those which are more valuable for agriculture than 

^^^' for forest j^urposes or for public or administrative use, 

and that are not essential for a reservoir site and that have no value 

for power purposes, will be opened for settlement and agricultural 

development by homemakers, under the provisions of the act of June 

11, 1906. Such permanent settlers are a direct benefit to forest 

administration and are desired, but the acquisition of timberlands 

or other natui'al resources for speculative purposes will not be allowed. 

The Secretary of Agriculture does not imdertake to ascertain 

whether lands are mineral in character which are 

acterTf 1 a n d s tlescribed and listed by him as chiefly valuable for 

listed not de- agriculture. Any contests between mineral claimants 

termined by the and a]:)plicants for entry involving lands which have 

Secretary of Agri- ]^^^,y^ jj^^pj^ under this act will be decided bv the 

culture. Secretary of the Interior. 

The legal qualifications of an applicant as an entryman on lands 
listed imder this act will not be passed upon by the 
Legal qualifi- Secretary of Agriculture. Such qualifications will be 
cations of appli- p.^gj,(,j uj^jon by the register and receiver, subject to 
^an review by the Commissioner of the General Land 

Ollice and the Secretary of the Interior, when appli- 
cation for entry is made at the local land ollice after the land is 
opened to entry. 

If any of the land applied for under the act is found to be chiefly 
valuable for agriculture, the application will not be 
11 ted^^^ areas ^.(.jpptpd ill its entirety because the portion of the land 
that can be listed as agricultural seems too small to 
warrant the applicant exercising his homestead right upon it or top 
small to enable him to make a livelihood exclusively from its culti- 
vation. In such a case the applicant will be given the opportunity to 
state in writing whether he desires to exercise his homestead right on 
the small area, and if it is his desire, the land chiefly valuable for 
agriculture, even if only a few acres in extent, will be listed ; otherwise 
his apphcation will be rejected and the case closed. If, however, the 
tract is subsequently listed, on the application of another, or other- 
wise, all the facts in connection with the first application will be 
set forth in the listing letter. 

While the Secretary of Agriculture may in his discretion list agri- 
cultural lands of any area within National Forests, 
Areas which siK^h lands will l)e opened to entry by the Secretary 
can be listed on ^^£ ^j^g Interior in contiguous tracts not exceeding 160 
entered' """ und°er ^^cres ill area and not exceeding 1 mile in length, 
the act. Any tract not exceeding 160 acres contained within a 

square mile, the sides of which extend in cardinal 
directions, is witlnn the meaning of the phrase "one mile in length." 
The preference right of entry secured by any applicant relates only 
withm these limitations to the particular tract covered by his appli- 
cation. 



30 THE NATIONAL FOREST MANUAL. 

Land wliich will be required for the use and protection of the pub- 
he in general, or of tlie National Forests, or that are 

^^^^r"^^^^*^ essential for a reservoir site, or valuable for power 

will not be listed! purposes, wdll not be Usted under the act; but every 

effort will be made to effect an equitable adjustment 

of any conflict between the interests of the pubhc and those of an 

appUcant. 

Wlien agricultural land appUcd for includes a roadway used by 
the public, except a highway established before the creation of the 
National Forest under section 2477, Re^dsed Statutes, or which may 
be needed in the future for the use of the pubhc, or for the removal 
of timber on the National Forests, it will be specifically excluded 
from the area hsted. 

Section 2477 of the Revised Statutes of the United States provides 
that: "The right of way for the construction of Inghways over pub- 
lic lands, not reserved for pubhc uses, is hereby granted." Hence, 
if a highway is constructed under this statute before the with- 
drawal "of the land for a National Forest, a subsequent patentee 
takes the land subject to the right of the pubhc to use the highway, 
the easement not being destroyed until there is a total abandonment 
on the part of the public, and it is not necessary to specifically men- 
tion the highway in the hst. If the highway was constructed after 
the lan^d was ^^ithdrawn from entry for a National Forest, and under 
a permit issued by the Forest Service, no easement would be obtained, 
and it is necessary to exclude the highway from the area listed. 
Wlien the land apphed for entirely surrounds a spring or watering 
place that is necessary in the administration of tlie Forest or for use 
by permittees of the Department, or by the pubhc, so much of the 
land ajiphed for will be excluded as is necessary to secure such uses. 
A tract which has been withdrawn or selected and posted for a 
ranger station or other administrative use will not be hsted. 

Listing lands Tracts apphed for on a watershed used or needed 
affecting a mu- for munici}>al water storage and supply will not 
nicipal water be listed if settlement upon the area will injure 
supply. ^]^Q watershed or contaminate the water. 

Lands witliin a National Forest w hich are covered by a fii'st-form 
withdrawal for reclamation purposes will not be 

Listing lands lig^^gj. Lands wiiich are embraced within a second- 
tion withdniwals. fomi withdrawal under the reclamation act will not 
be hsted except with the approval of the Reclama- 
tion Service. 

.... - Since the Secretary of the Interior has ruled that 

listinVland'with- unsurveyed land, wiiich upon survey will probably 
in the primary fall within a granted section, located within the 
limits of an un- primary hmits of a railroad grant is not subject to 
surveyed railroad ^^^^j under the act of June 11, 1906, such unsurveyed 
^^^" * lands will not be listed. 

Land within school sections in a National Forest may be listed 
when such sections are unsurveyed; and when such 

Application for sections are surveyed they may be listed if the State 
in^StitrschiSl ^^^ selected other lands in heu thereof and the selec- 
land grants. " tioii has been approved by the Secretary of the Inte- 
rior, and if the portion of such surveyed school sec 
tions sought to be hsted w^as settled on prior to the survey of such 
section and the creation of the Forest. 



SETTLEMENT. 81 

Agricultural lands within abandoned military reservations included 
A\'itliin a National Forest will be listed upon applica- 

Application for tion; but the Secretary of the Interior has ruled that 
listing land with- g,^j(.i^ lands must be a])])raised in accordance with the 
in an abanaonea • . ,. ,, , ^ ^ . ,. i p i i • 

military reserva- provisions ol the acts governing disposal ol lands in 

tion. abandoned miUtary reservations, and the entrymen 

must pay therefor the appraised price. (Acts of July 5, 1884, 23 
Stat., 103; Aug. 23, 1894, 28 Stat., 491.) 

Srjuatters who settled upon unsurveyed land before its vvithdrawal 
for a National Forest, and who have complied mth 
■ ^t^r^^^^f^f ^ the general homestead law, have the same right to 
land. occupy and use their holdings as homestead entry- 

men, and may, at their option, av/ait survey or ap|)ly 
for the examination of their lands under the act of June 11, 1906. 
Squatters who settled on unsurveyed National Forest land after its 
withdrawal, but prior to January 1, 1900, may apply for the exami- 
nation of their lands under this act; but if such squatters fail after 
30 days' notice to make apphcation for listing trespass proceedings 
against them will be initiated. Upon the acceptance of their appli- 
cations for hsting squatters who settled on unsurveyed National Forest 
land prior to January 1, 1906, may occupy their tracts without per- 
mit pending the opening of the land to entry under this act. Squat- 
ters may, under the general homestead law, include in their claims 
160 acres after the land is surveyed. Therefore if the land is occupied 
for agricultural purposes by squatters who settled upon it prior to its 
■withdrawal, the examination will bo made with a view of listing the 
entire tract settled upon, if not exceethng 160 acres, provided the 
whole tract as a farm unit is cliiefly valuable for agriculture. 

Land within fl National Forest covered by a subsisting claim under 

any of the public land laws, except as to mineral loca- 

Application for ^JQj^g f^j. -which no application for patent has been 

listing land cov- , •,, , i i- ; i' ^ a i .l- ^i> i i i 

ered by a claim. m<Hle, will not be listed. Applications lor land covered 

by such claims will be accepted, but action upon 
them will be suspended until a final decision upon the claim is ren- 
dered by the Department of the Interior. A})plications for land 
covered by mineral locations will be accepted and the land ma}^ be 
listed if cliiefly valuable for agriculture. 

In determinmg whether land a])plied for under the act of June 11, 

1906, is chiefly valuable for agriculture, it is entirely 
examinaTion! ^^' ^ question of fact and raises no question of law which 

can be made the basis for an appeal. When, an appli- 
cant believes that a rejection of his ap})licatioii by the district forester 
is not justified by the facts, he may file with the district forester witliin 
30 days after notice to him of the decision and the grounds therefor, 
a petition for a review of the facts, and, if necessary, for a reexamina- 
tion of the land applied for. If the district forester adheres to liis 
decision, the applicant may file with the district forester, witliin 30 
days after notice of the second rejection of the application, a petition 
to the Forester for a review of the decision, and, if necessary, for a 
reexamination of the land applied for. If the Forester afhrms the 
decision of the district forester the applicant may, withm 60 days 
after notice of the decision of the Forester, and the reasons therefor, 
file with the Forester a petition to the Secretary of Agriculture for 
a review of the case. All applications for review should be accom- 
panied by affidavit of the applicant, or of other competent witnesses, 



32 THE NATIONAL FOREST MANUAL. 

fully stating the facts on wliich the applicant bases liis contention 
that the land applied for is chielly valuable for agriculture The 
decision of the Secretary of Agriculture on review of the facts will be 
final. 

Persons ha^dng preference rights under the act of June 11, 1906, 
. . may file their entries at the local land office at any 

land ^"office ^^ wi time within 60 days after notice is published that 
tracts listed and the land has been listed in the local land office and 
opened to entry before the land is open to entiy. If, when the land 
under the act of |g ^ppQ ^q entry, the applicant having a preference 
J^"^^ ' ' right has failed to file his entry, it will be subject to 
entry by the first cpialified person to make application at the local 
bind office. Except as expressly provided in the act, title to the land 
may then be accpiired under the same conditions as are prescribed 
by the general homestead laws for public land outside the National 
Forests. 

The act of June 25, 1910 (36 Stat., 863), provides that allotments 
of not exceeding 80 acres of agricultural land, or 160 

Indian allot- j|(.j.pg of grazing land, witliin the National Forests may 
tTonaf Forests. " ^^^ made by the Secretary of the Interior to any 
Indian occupymg, living, or having improvements 
on such land, who is not entitled to an allotment in any existing 
Indian reservation, or for whose tribe no reservation has been pro- 
vided, or whose reservation was not sufficient to aft'ord an allotment 
to each member thereof, when the Secretary of Agriculture has 
determined that such lands are more valuable for agricultural or 
grazing purposes than for the timber found thereon. The procedure 
governing the making of such applications and allotments is given 
under "Settlement — Procedure on National Forests." 

PROCEDURE ON NATIONAL FORESTS. 

Applications for the examination and listing of agricultural land 

under the Forest homestead act should be addressed 

Applications to ^q ^nd filed with the district forester, and, when 

the ^d^Itdcr'^for- received by forest rangers or forest supervisors, will 

ester. ^^e immediately referred to the district forester. 

Forest supervisors and district rangers should keep 
on hand a supply of application blanks, Form 253, which will be 
furnished to prospective applicants upon rec[uest. 

Upon receipt by the supervisor of carbon copies in duplicate of the 

letter of acceptance to the applicant, an index card 

Action on ap- and folder will be prepared for the case. Upon the 

plication received i^j^iex card mil be entered the case designation and 

the^^dTsMct fo^ such notation as may thereafter be necessary. A 

ester. blank wliite card will be used for this purpose. _ The 

index cards and folders will be filed alphabetically 
by the names of the ap])licants. The promise card (Form 326) for- 
warded with the request for report will be filled in with the approxi- 
mate date the report may be expected by the district forester, and 
will be signed and mailed to the district office. The copy of the 
district forester's letter accepting the application will be accompanied 
by a township plat (Form 974) showing the status of the land applied 
for. 



SETTLEMENT. 33 

Preparation of The tract book shall consist of township plats 
tract book. (Form 123), one for each township in the Forest, 

index sheets (Form 124), and w^ing binders. 
Towaiships are recorded Ih'st in the order of the towns, north and 
south, and then in the order of their ranges, east and west, thus: 
T. 1 N., R. 1 E., R. 2 E., R. 1 W.,'R. 2 W. 
T. 2 N., R. 1 E., R. 2 E., R. 1 W., R. 2 W. 
T. 1 S., R. 1 E., R. 2 E., R. 1 W., R. 2 W. 
T. 2 S., R. 1 E., R. 2 E., R. 1 W., R. 2 W. 
When an application is received by reference from the district for- 
ester, the necessary entries will be made in the lirst eight columns 
in the tract-book index sheet (Form 124). The date enteretl under 
"Sent for examination" will be the date of the district forester's 
letter of acceptance to the applicant. The number of the appli- 
cation will be entered on the township plat (Form 128) in ink in each 
40 or fraction of a 40 applied for in the proper township and section. 
When the application is for imsurveyed land, the approximate loca- 
tion of the land applied for will be indicated in pencil on the town- 
ship plat (Form 123) by a circle containing the nund:»er of the appli- 
cation. Wlien the location is ascertained by subseciuent survey it 
will be entered in ink and the pencil notation will be erased. 

The following legend will be used to indicate on the towmship plats 
(Form 123) the status of particular tracts as shown 
on t?act book!*"^ ^Y ^^'^' records of the Forest Service or General Land 
Office : 

H. E. , pending a dark green H. 

Patented or F. C a dark green V. 

Desert-land entry a dark green D. 

Timber and stone entry, pending a dark green T. 

Timber and stone entry, patent a dark green T. P. 

Lieu selection, pending a red L. 

State selection, pending a blue ? 

.State selection, approved a blue V. 

School land a blue S. 

School land (unsurveycd) a blue S. ? 

School indemnity, pending a blue I. 

School base for indemnity a blue B. 

Railroad selection, pending a yellow E.. 

Railroad selection, ap])roved a yellow V. 

Railroad primary limits a yellow O. 

Railroad indemnity, pending a yellow I. 

Mineral classification an orange M. 

Nonmineral classification an orange N. M. 

Townsite (hatched in) a dark pink. 

Reconveyance, pending a red C. 

Public land a red V. 

State boundary line a double red-ink line 

with State names 

vrritten in. 
Reservoir site, approved an B,., half red, lialf 

dark green. 
Reservoir site, pending an R., as above, fol- 

lovred by ?. 



34 THE NATIONAL FOREST MANUAL. 

Reclamation Service withdrawals are outlined in yellow, and a 
notation of the date and title of project made on the margin of the 
plat. Abandoned military reservations are outlined in blue, with a 
proper notation on the margin of the plat. Dark green is used to 
indicate the Forest boundary. 

The tract book will be kept up to date at all times in order that the 
supervisor's record may be identical with the record in the district 
office. 

When the appUcation has been properly recorded m the tract book, 

one copy of the district forester's letter of acceptance 

Instructions to of application, together with the township i>lat (Form 

lienceZrVt^ ^^^^ ^^^^ ^ promise card (Form 328) will be for- 

catkm for report. Warded to the examiner. This letter ordinarily will 

be the examiner's instructions to make the exami- 
nation and report, but may be accompanied by a special letter 
of mstructions. If an application covers any lotted tract, it 
will be checked with the official toAvnship plat and _ the exam- 
iner will be informed whether the lotted tract is irregular or 
rectangular and will be instructed to submit with his report a metes 
and bounds survey coverhig any fraction of an irregular lotted tract 
included in any area recommended for listing. He will also be 
instructed that a metes and bounds survey is not required if all of 
an irregular lotted tract is recommended. The examiner will date 
and sign the promise card and return it to the stipervisor after making 
pro])er notation for his information. Great care should be taken by 
the supervisor in handling these examinations, and the examiners 
should be personally instructed whenever ])ossible. Owing to the 
prime importance of this work, to the danger of inconsistent action, 
and to the diffictdty of conveying by report a clear idea of the lista- 
bility of lands in doubtful cases, it is advisable that only the more 
ex|)erienced and efficient Forest officers be assigned to this work. 
Supervisors will give as much personal attention to the work as possi- 
ble, so that reexaminations will not be necessary, because reports fail 
to represent the true conditions of the lands applied for. 

Unless prevented by dangerous lire conditions in simimer or adverse 
climatic conditions in winter all reports are due at the district office 
witliin CO days of the date they are referred for examination. The 
examiners must be sujiplied witli all necessary surveying instruments, 
maps, blanks, drawing instruments, inks, and colored crayons in 
order that he may be fully equipped for the work. 

Upon receipt of instruct i(ms to submit a report the examiner, if a 

district ranger, will prepare a folder for the case and 

Action by ex- pj.^ce it in his files. Reports in triplicate will be 

LT^oTof repoT' ni'^tle in accordance with tjie outline on Form 110. 

When two or more applications cover the same tract, 
a report in full will be made by the examiner upon the prior applica- 
tion only. A report will also be submitted on each subsequent a})i)li- 
cation for the same tract, but such reports will give only the name of 
the apphcant, the date and ninnber of the application, the location of 
the tract applied for, any special information bearing upon the settle- 
ment or occupancy of the tract by the api)licant and a reference to 
the complete report on the prior application. When applications 
conflict in part only, complete report will be made on each application 
and a reference will be made in each report to the application with 



SETTLEMENT. B5 

which it conflicts in part. Since the final action on an application 
depends on the nature of the examiner's report, the report must be 
I'ldl and complete in every particular. When an application covers 
surveyed land, the examiner will be certain that the proper public 
smvey corners are located before commencing the examination, and 
his work thereafter should be as accurate as the topography of the 
country will permit. In reporting U])on the amoimt and value of 
timber on the land tlie examiner must give the estimated average 
stand per acre and total stand on tlie entire area ap])lied for. If a 
])art only of the land a])]>lied for is recommended for listing, the 
report must give separately the average stand and value of tJie timber 
per acre for the part recommended and also for the part not recom- 
mended for listing. While the Secretary of Agricidture does not 
undertake to pass upon the applicant's qualiiications to make entry 
upon the land listed, the examiner should submit any information he 
may have regarding occupancj or settlement on the area applied for, 
and tlie information will be transmitted to the Secretary of the 
Interior when the land is listed. 

T]ie act of June 11, 1906, with regard to the length of Forest liome^ 
steads has been construed by the Secretary of tlio Interior as follows: 
''Any tract not exceeding 160 aeres in area which may be cont;iined 
in a square mile, the sides of which extend in cardinal directions, is 
understood to be within the meaning of the law." The examiner 
should not recommend for listing to one applicant any tract which 
exceeds tlie prescril)ed length or area. 

The accompanying illustrations of tracts which might pro]ierly 
be recommended for listing nuike it possible in many cases to allow 
an applicant a much greater amount of strictly agricultural land 
lying along creeks and narrow valleys than would be possible under 
any other interpretation of the term ''oiie mile in length." Tiiese 
illustrations represent sections or approximate sections. 

Whenever possible it is best for the exammer to see the applicant 
and discuss with him any facts Avhich tend to estab- 

Examiner to j^gj^ ^j^^ ^^^^^^ ^f ^y^^ j.^j^j f^^j. ^^^.^^^ ^j. ^ agricul- 
consult appli-,, ,, .. ., i^. 

cant, tural ])urposes, and nave liim accompany the exammer 

during the survey and examhiation. Since final 
action can be taken only by the Secretary of Agriculture the examiner 
will not give tJie applicant any information regarding his recom- 
mendations. When the a])])lication covers unsurvej^ed land, and the 
description is somewhat indefinite, it is particularly desirable to have 
the a])plicant present when tlie survey and examination is made, in 
order that the examiner may be certain that he is examining tlic land 
for which the applicant intended to apply. When the applicant is 
present at the time of examination, and learns, upon the survey being 
made, tliat lie has not described in his application the land for which 
he intended to a])ply, he may make an aniend<!d application, which 
must be addressed to and filed with the district forester, and a copy 
may be at once given to the examiner, wha will then, without waiting 
for further instructions, examine and re])ort upon the lands covered 
by tlie amended application. In such cases the copy of the amended 
appli(>ation will be submitted with the report, and a statem.ent 
attached to the report showing how and why the applicjvtion wr.s 
amended. 



36 



THE NATIONAL FOBEST MANUAL. 



Surveys Avill be made in accordance with the manual "Instructions 

for Making Forest Surveys and Maps." The map 

Instructions for accompanving the reijort must show the location, 

survey 3.nci msps , i"! pjiii )1 

ofland applied for. topography, and cover or the land reported upon, 

together with road and im])rovements thereon. For 
this purpose colored crayons will be used for showing the classifica- 
tions in conformity with the Forest Atlas legend. These crayons are 
furnished in boxes of 12, provided with labels showing the number of 
the pencils to be used for each classification. Tlie lands for which 









application is inade will be shown by a heavy black ink line, and the 
boundary of administrative sites will be shown by a red line. The 
lands that are recommended for listing will be clearly outlined on the 
map with a blue pencil line. National Forest boundaries will be 
shown on the map with a green pencil line. The descri])tions will 
cover both the area applied for and that recommended for listing. 
Where any departure is nnide from the exact area applied for, or 
where acreage is not apparent in the ajiplication, and the field exami- 
nation sliows it to be less than 160 acres, an explanation should be 
added. In every case the classification of cover on the land must 



SETTLEMENT. 37 

ai^pear as a legend on the map (Form 878). Where a tracing on 
Form 220 is prepared in the case of hind hsted by a metes und bounds 
survey the cover will not be shown on the tracing. The tracing will 
be made with black waterproof ink only. On surveyed lands where 
the cover is of considerable value, listing may be reconnnended in not 
less than 2;!.-acre rectiingular tracts; otherwise the minimum imit 
should not be less than 10 acres. A metes and bounds survey will be 
necessaiy in eveiy case where unsurveyed lands or wliere only a ]ior- 
tion of an irregular lotted tract is recommended for listing. Surveys 
and field notes will not be required when the examiner recommends 
against listing. The Secretaiy of tlie Interior has decided that sur- 
vey of tracts entered under this act wall not be required wlien such 
tracts can be described as quarter-quarter sections or lotted portions 
of surveyed sections, or as a quarter or a half of a surveyed quarter- 
quarter section or rectangular lotted tract, or as a c|uarter or a half 
of a surveyed quarter-quarter-quarter section or rectangular lotted 
tract. In every instance permanent and substantial monuments 
must be erected, and they must be plainly marked or chiseled. 
Posts may be used, but stones are })referable for monuments when 
they can be obtained. Tlie bearing trees must also be well marked 
for future identilications. 

Since the survey notes must conform to the requirements of the 
General Land OfFice, they must be jjrepared in accord- 

fiehi^notTs'''" ^^ ^^^^^ ^^'"^^ ^^^^ "Instructions for Making Forest Sur- 
veys and Maps." The original and four carbon copies 
of the field notes will be ])repared and transmitted to the supervisor 
with the report. The examiner must check over the original field 
notes for tyi)ographical errors and date and sign them before forward- 
ing his report to the supervisor. 

If tlie land apj^lied for entirely surrounds a spring or watering place 
that is necessary in the administration of the Forest 
Land needed or for use of permittees or the public, the listing of so 
for public or ad- i^^,^,(.h of the land as is necessary to protect such users 
will not be listed, should not be recommended, or if the land is found to 
be essential for a reservoir site or is valuable for power 
purposes its listing should not be recommended. If it is found that 
the withdrawal from entry of the land applied for is essential for the 
protection of an important watershed to prevent contamination of a 
city's w^ater sup})ly, or which may be needed for roads or other public 
uses, or in connection with the removal of timber from National Forest 
lands, listing should not be recommended. Ordinarily a width of no 
more than 33 feet shoidd be excluded for a roadway, since the right 
of way is usually within the best agricultural land recommended for 
listing; but wdien a width in excess of 33 feet is necessary it should be 
excluded and a statement of the necessity must be made in the report. 
When such rights of way are needed, they must be excluded from the 
tract recommended for listing in accordance with the decision of the 
Secretary of the Interior. In describing the area recommended for 
listing the following clause must be added to the report: "Except a 
strip of land 33 feet wide, within the exterior boundary lines thereof, 
which strip is particularly described as follows (describe the place of 
beginning with bearing points): Extending thence 16i feet on each 
side of a line running (give courses and distances) to the place where 
the end of the strip closes with the boundary of the tract listed." 



38 THE NATIONAL FOEEST MANUAL. 

Where the land has been theretofore surveyed by legal subdivisions, 
the exception may be in the following words (as, for exam]:)le, where 
the purpose is to maintain a right of way along the line of survey), 
"except a strip 33 feet wide off the south side thereof" (or on what- 
ever side or along whatever line it is desired to make exception). 

The Secretary of the Interior has ruled that the law prohibiting the 
inclusion in one entry of noncontiguous tracts will not be construed 
to apply to tracts listed under the act of June 11, 1906, from which 
a strip has been excluded for a right of way. Recommendations will 
be made for the exclusion of a strip for all roads, either existing or 
desired, whether the public has an easement in them or not, where it 
is believed that failiu'e to do so will be detrmiental to the interests of 
the United States. 

It is not necessary to recommend the exclusion of a strip of land 
covered by a private ditch, telephone line, etc., or a right of way that 
is already acquired under an act of Congress and the regulations of 
the Department of the Interior. The entryman on the land does not 
acquire any interest in that part of the land excluded for the right of 
way under the procedure outlined above, and the acreage of the right 
of way should be computed and stated in connection with the recom- 
mendation for its exclusion, as well as the total area of the lands 
within the exterior boundary of the tract to be listed. The latter area 
may therefore embrace a surplus of land to the extent of the area of 
the right of way excluded, and examiners should bear this in mind, so 
that where possible the applicant may be given sufficient land to offset 
the area excluded. When the examiner recommends that a strip of 
land be excluded from the tract he recommends for listing, a tracing 
on Form 220 should be prepared showing the courses and distances of 
the lines bounding such excluded area and the approximate acreage 
to be excluded. This tracmg should be submitted with the report, 
and the location of the excluded strip should also be shown on the 
map on Form 878. The report must state in each case wdiether the 
excluded strip is for an existing or established public highway or road 
or for a proposed road, and if the latter the reasons should be fully 
stated. These instructions apply whether the area listed is described 
by metes and bounds or is a legally surveyed subdivision. 

In case the examiner finds that an application conflicts with a min- 
eral location or locations upon which application for 
Applications in mineral ])atent has not been made that fact should be 
conflict with f^iHy covered in the report. The examiner will not 
liQ^s^ ' endeavor to pass upon the mineral character of the 

land, but a statement will be made showing the work 
done and improvements constructed by the mineral claimant. If any 
of the land is found to be more valuable for agriculture than for forest 
pur])oscs, such land will be recommended for listing, and the district 
forester w ill take the matter up with the applicant upon receipt of the 
report. 

When an irrigation ditch constructed or maintained under special- 
Applications in "s^ permit exists upon a tract which will be rec- 
conflict with ir- ommended for listing, the permittee should be advised 
rigation ditches of his right to obtain an easement prior to the listing 
under permit. ^f ^j^^ ^^.j^^t under the act of March 3, 1891 (26 Stat., 
1095). 



SETTLEMENT. 39 

Photographs In all doubtful cases photographs of the area 

may accompany applied for may be taken and submitted with the 
reports. ^ ^ , 

'^ report. 

The examiner's report must be com})lete in every detail and con- 
tain definite recommendations for or against listing 

Recommenda- ^^^^ j.^j^j rp|^^ ^^^^j^.^ ^^.^^ applied for must be the 
tions of the ex- \ • . t a^ li-rei x- e 

aminer. subject oi the recommendations, ii only a portion ol 

the area may be listed, definite reasons must be given 
for the rejection of the balance. When the area applied for and 
recommended for listing is less than 160 acres, the examiner may 
include in his rej)ort and recommemlation for listing any contiguous 
area of land chiefly valuable for agriculture and not needed for public 
uses, which with the area applied for and recommended for listing 
will not exceed 160 acres. 

In deciding whether the land applied for should be listed it must be 
shown that it is not needed for ])ul)lic uses, including reservoir sites, 
and that it has no value for power purposes and that its value is 
greater for agricultural than for forest purposes. It is necessary 
that the values for forest and agricultural ])urposes, respectively, bo 
separately appraised and that tlie basis for such ajipraisal be clearly 
shown. 

To determine its value for forest puiposes the report must give the 
quantity, kind, and value of merchantable timber and of reproduction 
and tlie importance of the forest cover for tlie protection of water 
supply. The value of the young forest growth below merchantable 
size and the value of tlie land itself for the ])r()duction of timber should 
be estimated as closely as practicable on the basis of expected yield, 
using any silvical data available. 

To determine its value for agricultural purposes, the re])ort must 
sliow the extent to which tlie land is susceptible of producing cul- 
tivated cro])s, with or without irrigation, and the kind and value of 
the crops that can be produced. In deciding this the soil, climate, 
altitude, slope and water sup])ly, distance and accessibility to 
market must be considered. While accessibility should be considered 
in determining the relative value of lands for agricultural and forest 
pur])oses, distance and inaccessibility to market will not be grounds 
for the rejection of land which is chiefly valuable for agriculture. As 
far as ])racticablo under local conditions the market value of unproved 
farm lands in the locality similar in charact(>r to the tract applied for, 
as determined ])y sales, shoidd be ascertained and reported, together 
with the cost of jnitting the land applied for in similar condition. 
The value of the tract in its present state for agricultural purposes 
should usually be appraised by deducting the cost of clearing and other 
necessary improvements from the current ])rice in the locality of 
improved farm lands of similar character. 

Lands valuable for the purpose of grazing only will not be listed 
un<k>r tlie act of June 11, 1906, but grazing land may be included in an 
area listed as agricultural land, provided that the area of the grazing 
land does not exceed the area of tlie cultiva])le land. 

In determining the bouiKhiiies of tlie area to be recommended for 
listing they should be establislied with reference to what constitutes 
a reasonable farm unit. Small areas of timbered or nonagricultural 
land may be included for this purpose or to permit the inclusion in 



40 THE NATIONAL FOEEST MANUAL. 

one listing of bodies of agricultural land which would be rendered 
noncontiguous through the exclusion of such small areas. 

A policy which is liberal to the applicant should be followed in 
appraising the agricultural value of tracts of arable land without 
value for forest purposes and which may otherwise be listed under 
the provisions of the act. 

The personal qualifications of the applicant or his ability to make a 
living or maintain a home upon the land must not be considered by 
the examiner. His strength or health or his ability or experience in 
agricultural pursuits will not be considered. 

If all or any part of the land is found to be chiefly valuable for 
agriculture and not needed for public use and may be occupied for 
agricultural purposes without injury to the National Forest, it will 
be recommended for listing. 

Before submitting the report to the super^^sor the examiner m.ust 

Verification of check the written description of the land reported on 
location and sub- ^vitll the area shown on the map. The examiner will 
mission of report then sign and date the report, afhx his title, and 
to supervisor. submit the report in triplicate to the supervisor. 

Wlien the report is received by the supervisor, if it is found to be 
incomplete or incorrect, it ^\ill be returned to the 

Action by sup- examiner ^vith appropriate instructions. Before ap- 
ervisor on exam- • ,, i. Ji • i i i i i -j. 

iner's report. i)rovmg the report the supervisor should check it 

with, the tract book to ascertain whether the descrip- 
tion of the land reported on coincides with the description of the 
land applied for. If the land recommended for listing includes 
lotted tracts, the official townsliip plat should be consulted to see 
whether a part of any irregular lotted tract has been recommended 
for hsting without being described by a metes and bounds survey. 
When a metes and bounds survey has been made the field notes and 
tracing should be checked to see whether they arc correct and in 
proper form. Finally, the entire report should be carefully scruti- 
nized that it may be complete and correct in every particular before 
being submitted to the district forester. Wlien the report is com- 
plete and the supervisor concurs in the recommendations of the 
examiner, he will indorse it "Approved," sign his name, and affix liis 
title and the date of approval. If the supervisor does not agree 
with or approve all of the examiner's recommendations, his own 
recommendations, with his reasons for making them, will be made on 
a separate sheet and attached to the report. He will also indorse at 
the bottom of the examiner's report a reference to the attached state- 
ment and recommendations. 

Wlien final action upon the report has been taken by the super- 
visor the original will be submitted to the district 

^^^^l^ .-.^ ^y " forester, one copy will be placed in the supervisor's 
mitted to the dis- n^ i j. ± J\ i- 4. • i. \xn „ 

trict forester. lues, and one co]:>y sent to the district ranger. When 

unsurveyed land is reported on the supervisor will 

forward the tracing on Form 220 and the original and four carbon 

copies of the field notes in addition to the original report. Wlien 

the report recommends that a strip of land be excluded from the 

area to be listed, the tracing showing the excluded strip should 

accompany the report. Before submitting the report the supervisor 

will make pencil notation in the tract book index sheet (Form 124) 

of the action taken by him in tlie case. 



SETTLEMENT. 41 

Applicants who appear to have the preference right of entry under 
the act may secure without charge a permit for the 
use'^^pernfifs^^on agricuhural use of that portion of tlie Land which has 
lands recom- been examined and which, in the opinion of the 
mended for list- super\dsor, is chiefly valuable for agriculture and not 
ing and on ex- needed for public use, pro\'ided that the land is not 
way.^ "^ ° adversely claimed under settlement made before its 
withdrawal, or after its withdrawal and before 
January 1, 1906. 

Free permits for the occupancy and use of agricultural lands which 
is recommended for listing will be issued only under the following 
conditions: 

1. When the applicant \vishes to occupy the land wliich has been 
examined and favorably reported upon, pending its Hsting under the 
act of June 11, 1906. 

2. When the applicant is doubtful of the agricultural jjossibilities 
of the land and desires an opportunity to ascertain whether crops can 
be raised on it before using his homestead right. 

3. When a strip of land for a road right of way has been excluded 
from an area recommended for listing, the applicant upon wdiose 
application land has been examined or the entryman on the area 
listed may be issued a free agricidtural permit for the use of the 
excluded strip, so long as it is not needed for road purposes. 

When the ])ermit is issued under conditions 1 or 2, the following 
paragraph will be incorporated in the permit: 

This permit shall not be construed to give the permittee any preference right of 
entry under the act of June 11, 190G. This permit shall terminate when the land is 
listed; but if it be shown that the permittee has not the preference right of entry the 
listing of the land will be deferred by the Secretary of Agriculture to protect the 
growing crops. 

When the permit is issued under condition 3, the following para- 
graph will be incorporated in the permit: 

This permit shall terminate upon notice to the permittee by the forest supervisor 
that the land is needed for road purposes. 

Free special-use permits will be closed when the land is listed. 

Copies of all letters and blue prints and field notes showing final 
action taken on an application by the Secretary of 

Record on tract Agriculture, district forester, or Secretary of the 
book of final ac- Ji^terior will be transmitted to the supervisor in dupli- 
tion by Secretary , <• ji • > Ai i i- 

or district for- <''^te, one copy tor the supervisor s hies, and one for 

ester. the district ranger. Upon receipt of a letter showing 

t]iat linal action has been taken on an application, the 
notation ''listed," ''rejected," "canceled," "eliminated," or "with- 
drawn," as the case may be, will be made in the "Recommendation" 
column on the index sheet (Form 124). In the "List No." column, 
give, if listed, the number of the list. If rejected because the land 
was not chiefly valuable for agriculture, enter a green "X." If 
rejected because the land is patented, enter a green "V." If rejected 
because of conflict with a ranger station, enter the letters "R. S." in 
red ink. If the a])plication is rejected because of conflict with railroad 
lands, enter a yellow "V" or "O," as the case may be. If rejected 
because chiefly valuable for powxr purposes enter an "X" with black 
pencil surrounded l^y green border crayon No. 69. When canceled 
for the reason that the applicant does not rei)ly to letters from the 



42 THE NATIONAL FOEEST MANUAL. 

district office, enter ''no reply" in this column. In the ''Date listed" 
column should be entered the date that final action was taken on the 
apphcation by the cUstrict forester or Secretary of Agriculture. If all 
or any part of the tract applied for is recommended for listing, the 
total number of acres recommended will be entered in the "Acreage" 
column. The exact area will be outlined and hatched in green on the 
township plat (Form 123), and the list number written in red ink 
across the tract listed. Land wliich is not listed should be shown on 
the township plat by a green "X" on each 40 or smaller subdivision. 
Wiien an application is canceled, rejected, eliminated, or withdrawn, 
a black ink line will be drawn through the application number on the 
aiea shown on township plats. 

The supervisor will close all cases as soon as notice is received from 
the district forester of the final action taken in the 
Closing settle- q.^qq Upon receipt of the Interior Department notice 
ment cases. ^^^^^ ^^^,^1 action has been taken to restore the land 

to entry, it will be placed in the folder in the closed file. Papers 
in the foldert; of closed cases may be transferred when necessary to 
the folders of now or supplemental applications, leaving an a}:)pro- 
priate memorandum in the closed folder. 

In every instance a copy of the letter closing the case should be 
sent to the ranger for his files. The supervisor will instruct the 
ranger that no action will be taken, after the notice of listing has been 
received in regard to the erection of improvements on, or cultivation 
of, listed lancis by the ap])licant or other persons. 

Supervisors will include in their statistical report (Form 446) to the 

. ^ district forester, due on Jidy 15, a statement of the 

ua repor.. ^e^^ie^^ei^^ work on their Forests for the preceding 

fiscal vear. 

Sec^ 31 of the act of June 25, 1910 (36 Stat., L. 855), provides: 

That the Secretary of the Interior is hereby authorized, in his discretion ,_ to 
make allotments within the national forests in conformity -ndth 

Indian allot- the general allotment laws as amended by section 17 of this act, 
ment under act to any Indian occupying, living on, or having improvements on 
June 25, 1910 (36 land included within any such national forest who is not eu- 
Stat., 855). titled to an allotment on any existing Indian reservation, or for 

whose tribe no reservation has been provided, or whose reservation 
was not sufficient to afford an allotment to each member thereof. All applications for 
allotments under the pnndsions of this section shall be submitted to the Secretary of 
Agriculture, who shall determine whether the lands applied for are more valuable 
for agricultural or grazing purpctses than for the timber found thereon; and if it be 
found that the lands applied for are more valuable for agricultural or grazing pur- 
poses, then the Secretary of the Interior shall cause allotment to be made as herein 
provided. 

Under section 17 of the foregoing act the maximum quantities of 
land which can be taken in allotment are as follows: 

40 acres of irrigable land, or 
SO acres of nonirrigable agricultural land, or 
160 acres of nonirrigable grazing land. 

Lands to which the mineral laws of the United States apply are not 
subject to allotment under the provisions of this act. Indians 
desiring to ap})ly for allotment within National Forests must produce 
satisfactory evidence to show tliat they are in possession of or have 
improvements on tlie lands desired, and further that such lands are 
more valuable for agricultural or grazing purposes than for the timber 
found thereon. Any Indian making application for allotment is 



SETTLEMENT. 43 

required to take oath that he is an Indian of a certain tribe; that he 
was born in the United States; that he is the head of a family or a 
smp;le person over the ao'e of 18 years, as the case may be; that 
he lias not heretofore received an allotment; that he is not entitled 
to an allotment on a reser vatic ui, or that no reservation has been pro- 
vitled for his tribe, or, in lieu of the latter declaration, that there was 
not suflicicnt land set aside to afFord an allotment to each member 
thereof. The ajiplicant must show further that lie lias made actual 
bona fide settlement on the lands described, for his exclusive use and 
benefit, or that he has improvements thereon. Tliis affidavit must 
be corroborated in so far as his Indian character, nativity, and actual 
bona fide settlement or erection of improvements are concerned, by 
the affidavits of two or more disinterested witnesses (who may bo 
Indians), or by the affidavit or certificate of some field officer of either 
the Department of Ao;ricidture or the De}:)artment of the Intoiior. 
A nonmineral affidavit, executed on the prescri})ed form, must accom- 
pany each application for allotment. x\pplications must bo sul)mitt6d 
to tiie supervisor of the particular National Foi-est afl'ected, by whom 
they will bo forwarded with appropriate report, through the district 
forester and Forester, to the Secietary of Agricidture, in order that he 
may determine whether the land applied for is moi-e valuable for 
agriculture or grazing than for the tim])er found thereon. 

In case tlie land is found to bo chiefly valuable for agriculture or 
grazing, the Secretary of Agriculture will note that fact on the aj)|)li- 
cation and return it to tlie applicant with instructions to file it with 
the register and receiver of the proper local land office. 

Should the Secretary of Agriculture decide that the land ap])lied 
for or any part of it is cluefly valual)le for the timber foimd thereon, 
he will transmit the a,pplicaiion to the Secretary of the Interior and 
inform him of his decision in the matter. Ihe Secretary of the 
Interior will cause the applicant to be inform.ed of the action of the 
Secretary of Agriculture. 

Forest rangers and supervisors and district officers will afford every 
facility to Indians desiiing to take allotments under tliis act, and will 
assist them wherever necessary in the preparation of their apj~)fica- 
tions and the required proofs. Blank forms for application may be 
had from the Indian Office, any local land office, forest supervisor's, 
or district forester's office. 

PROCEDURE IN DISTRICT OFFICE. 

Applications for the examination and listing of agricultural land 
under tlie Forest homestead act will be addressed to 

cef ?'of a^lill- ^^^'^ ^^^^^^ ^^'^^^^ *^^^ district foi-estcr. When an appli- 
tion. ^ ^PP i<^ cation is received in the district oiiice, it will be imme- 
diately indorsed with the date and lioiu' of its receipt, 
and the indorsement will be certified by the initials of the mail clerk 
by whom it was made. An index card and folder will be prepared 
for each application received. Upon the index card will be entered 
the case designation and such notation as may thereafter be neces- 
sary. The index cards will be filed alphabetically by the names of 
applicants. The folders will be filed by Forests, and thereunder 
al])habetically by the names of applicants. When an application is 
received which does not conform to the requirements of Reg. I^/-51 



44 THE NATIONAL FOEEST MANUAL. 

or which apphes for over 160 acres, or for two or more noncontiguous 
tracts, it will be returned to the applicant for correction. Applica- 
tions when received in the form prescribed by Reg. L-51 will be 
given consecutive numbers by Forests in the order of their receipt by 
the district forester. 

The tract books for each Forest will consist of township plats (Form 

1 23), one for each township in the Forest, index sheets 

Entry of appH- (Form 124), and wing binders. The tract books will 

book°^ ^° ^^^ ^^ prepared in accordance with the procedure on 

National Forests, and the necessary entries made on 

the Forms 123 and 124 in the same manner as provided in those 

instructions. 

Whenever status of lands is required, it will be obtained, if possible, 
from the local land oHice. Wlien necessary to secure 
Securing status ^^^atus from the jjublic-land records in Washington, the 
Set books?" *''' district forester will use Form 31, changing the words 
"Register and receiver" to "Forester." No letter 
will be used in makhig such requests to the Forester, but any explana- 
tion may be made, if necessary, by an accompanying memorandum. 
The request will be returned with the status report (Form 301). 
When the status of the land applied for is ascertained, it will be noted 
on the township plat (Form 123) and the status report filed with the 
other papers in the case. 

If the status records show that the land applied for is not covered 
by any entry under the public-land laws or any sub- 
Notification to sisting claim, the applicant will be notified bv letter 

^l^li^^^Uir.^v' of the acceptance of his application. If the ap])lica- 
ceptance of appli- . . i , . i/ • • i ^ u vi 

cation. tioii is an amended one, the original must be with- 

drawn unless the amendment is an addition to the 
original application. In the latter case the amended ap})lication will 
be given the same number as the original application. 

The supervisor will be informed of the acceptance of an application 
by forwarding to him carbon copies, in duplicate, of 
Application re- the letter to the applicant. These copies will be 
ferred to super- accompanied by a promise card (Form 326) and a 
mtion ^anT^Te- township plat (Form 974), on which will bo noted the 
port. location of the land applied for, if surveyed, and a 

description of it if unsurve^^ed, and the case designa- 
tion. On Form 124, in the tract book, will be noted the date the 
application is sent for examination. 

L^'^pon receipt of the examiner's report it will be carefully scrutinized 
to insure the thoroughness of tlie investigation and the 

„„ii^l*°^^„?!?:„it' completeness of statement. If for any reason it ap- 

port of examiner. ^ .■> , .^ . • • i ^ -a *n 

pears that tlie report is erroneous or incomplete, it will 

be returned to the supervisor who approved the report, indicating its 

defects and requiring its correction. If the report recommends the 

listing of an area not included in the original application, the applicant 

will be given an opportunity to amend his original application, if he 

has not already done so, to include the additional area recommended, 

provided that the total area does not exceed 160 acres. When the 

report covers unsurveyed land, the field notes and tracing on Form 

220 will be referred to Atlas. When the report recommends that a 

strip of land for road right of way be excluded from the tract to be 

listed, the tracing showing the excluded strip will be referred to Atlas. 



SETTIxEMENT. 45 

The tracings and field notes will be checked as to accuracy and sufh- 
ciency of survey, and five blue prints will be made from the tracings. 
When necessary, the report may be referred for reviev/ to the offices 
of silviculture or grazing. This will be left to the discretion of the dis- 
trict forester. When the report has been finally approved, the proper 
notation should be made in the tract book on Forms 123 and 124. 
If all or any part of the tract a})plied for is recommended for listing, 
the exact area should be outlined and hatched with a green crayon on 
Form 123. Any portion of the tract tliat is found to be not chiefly 
valuable for agriculture should be indicated by a green "X" in each 
subdivision on the township plat. 

If the tract recommended for listing is unsurveyed, or the exception 

of a strip for a roadway is necessary, so that a metes 

Survey of tract ^j^^j bo^j^ds survey is required, the applicant v/ill be 

bounds^. ^^ notified that the survey may be made by the Forest 

Service under the direction of the surveyor general, 

if the applicant will deposit with the proper surveyor general a 

sufficient sum to pay for the clerical work necessary in his office, 

and that the expense to the applicant shall not exceetl that sum. 

The district forester will forward a copy of the application to the 

surveyor general, and, upon receipt of notice from him of the name 

of the person designated to make the survey and that the deposit in 

payment of clerical work has been made, will instruct that the survey 

be made. The surveyor will report the residt of his work to the 

supervisor in the usual manner. 

If an applicant desires a free special-use permit ])ending the restora- 

p ^. J tion of the land to entry, lie will be referred to the 

use permits. ^ forest supervisor of the Forest in whicli the land 

is located, since all permits of this character will be 

issued by the forest supervisors. 

Applications may be withdrawn at any time jirior to the date that 
Wthd ' 1 f ^^^^ land is listed witli the Secretary of the Interior 
applications. ^J the Secretary of Agriculture. Upon the receipt 

of a written request to withdraw an application, the 
proper notation will be made in the tract book on Forms 123 and 124. 
Ap})lications when withdrawn are not removed from the plats, l)ut are 
merely canceled by drawing a black-ink line through the application 
numl)ers. Subsequent applications by the same person are given 
new numbers. The applicant will be informed by letter of the action 
taken u])on his request for withdrawal, and two carbon copies of the 
letter will be forwarded to the supervisor, one for the supervisor's and 
one for the ranger's file. 

If the examiner's report upon an application is adverse, the proper 

n ■ .- f form letter will be ])repared for the signature of the 

applications. district forester. Two carbon copies of the letter 

will bo forwarded to the supervisor, one copy for his 

files and one for the ranger. 

When the apj)lication is rejected because the land is not chiefly 
valuable for agriculture, a green "X" will be placed in each 40 or 
smaller subdivision on the Form 123 in the tract book, and the same 
mark made m the "List No." column on the Form 124 index sheet. 
The final action taken, with date of rejection, wiU be noted on the 
Form 124 in the tract book and the case closed. 



46 THE NATIOXAL FOREST MANUAL. 

Wlien an application is received for a tract of land that has been 

examined and unfavorably reported upon on a prior appUcation, the 

application will l)e rejected unless known changes in 

Reinstatement local conditions justify reexamination, 
of original appii- jf ^ reexammation shows that the land should be 
aminatioT. ^^^^' listed, the original application wdli be remstated, and 
the prior ap])licant or applicants notified. 

If the examiner's report shows that only a part of the land applied 
. for is chiefly valuable for agriculture, the aj^plicant 

apolicant orre- wil^ ^>e informed of the result of the examination and 
duced area that v/ill b'e requested to state whether he desires to exer- 
has been recom- else liis homestead right upon the area wdiich may be 
mended for list- listed. Upon the return of the signed blank, which 
"^^' will be inclosed with the letter, the necessary action 

will be taken. In case the applicant withdraws his application, the 
procedure will be as prescribed under "Withdrawal of applications." 
If the applicant wishes the agricultural land listed to him the case 
will thereafter be handled the same as if all of the land applied for had 
been recommended for listing. 

If no re])ly is received from the applicant within 30 days, a second 
notice will be issued. If no rei)ly is received to the second notice 
v/ithin 30 days, a letter will be written to the applicant advising hini 
that his application is rejected and the case closed. The case will 
then be noted as closed on the tract books. If, however, the tract 
sliould be subsequently listed on the application of another, or other- 
wise, and either separately or as a part of another tract, all of the 
facts in connection with the first application for such tract should 
be set forth in the listing letter to the Secretary of the Interior. 

When lands covered by applications under the act of June 11, 1906, 
whether listed or not, are to be eliminated from a 

Notice to ap- National Forest, the applicants should be informed 
FandffpplSd for of that fact and that the Secretary of the Interior 
have been elimi- has decided that after such lands have been eliminated 
nated from the they can not be entered under the act of June 11, 
'Potest. 1906, but win be subject to entry under the general 

land laws. The aj^plicant should be fm"ther informed that when the 
land is eliminated from the Forest the case will be closed as far as 
the Department of Agriculture is concerned and that they may 
ascertain from the Interior Department the date the land Avill be 
opened to entry. 

Two copies of the letter to the applicant mil be forwarded to the 
supervisor in order that the supervisor and ranger may be informed, 
and proper notation will be made on the to^^^lship plat and index 
sheet in the plat book. 

If an application is received for the listing of land covered by a 
mineral location for which application for patent has 

Applications in not been made, and where the land is cliiefly valuable 
conflict with f^^j, agriculture and not needed for public use, the 
tions.^ ' ^ ' applicant will be informed of the mineral location and 

that the listing of the land under the act of June 11, 
1906, will have no bearing upon the determination of the questions 
wliich may arise in a contest before the Interior Department between 
mineral and agricultural claimants. The applicant will be asked 
whether, under these circumstances, he desires to exercise liis home- 



SETTLEMENT. 47 

stead right on the land. If the answer is in the aiTirmative, the hind 
will be rocommended for listing. In every case the applicant's signed 
statement must be included with the other papers in the case when 
the listing letter is forwarded. 

Apjdications for the listing of lands on a w^atershed used for muni- 
cipal purposes will be acce])ted unless such lands have 

Applications in been closed to listing by tlie Secretary of A<Ticidture 
conflict with mu- f^^. ^^^^ protection of the municipal water sui^pl v. If 
nicipal water i* 4.- • ■ j r i i i • i -{ ^ b. 

supply. '"'^ application is received tor lands which the Secre- 

tary has not closed to listing, the wishes of the munic- 
ipality will bo ascertained before final action is taken. The district 
forester will forward to the proper oihcials of the municipality a 
description of the land and request them to state whether in their 
judgment the occupancy of the land will injure the watershed or 
contaminate the water. 

If an application is received for the listing of land within a National 
Forest that is covered by a second form withdrawal 

Applications in under the reclamation act, the ap])licant will be noti- 
c on f 1 i c t with £g^| ^^i^^^ ^i^e j.-^j-^j ^^^}| j^ot |3g lig^gj ^^^11 ^1 apiH-oval 
reclamation with- „ ,, -o i x- o • • i rrii ^ > • ^ • ^ 

drawals. ^^ ^^^^ Keclamatioii Service is secured. Ihe district 

forester will forw^ard a description of the land applied 
for to the supervising engineer of the Reclamation Service and 
request him to state whether the listing of the land will interfere with 
the purposes for which the withdrawal was made. If the Reclama- 
tion Service has no objection to the listing of the land the application 
v/ill be accepted, the applicant will be informed, and tlie supervisor 
instructed to submit the report in the usual form. If the Reclamation 
Service objects to the listing of the land, the application will be 
rejected, the applicant informed, a proper notation made on the 
tract book, and the case closed. 

If an application is received for the listing of unsurveyed school 

lands included within a National Forest, the appli- 

Applications in cation should be accepted and treated in the usual 

conflict with ^vay, and if the land apjilied for is within a surveyed 

lands. "^ school section for which tiie State has made indemnity 

selection wliich has been approved, the application 
should be accepted and treated in the usual way. If the land applied 
for is in a surveyed school section for which indemnity selection has 
not been made and approved, the ap})lication shoidd be rejected, the 
a]i])licant notified, and the case closed. If the land is covered by a 
selection made by the State under any grant made to it, the appli- 
cation should be treated as provided in tlie preceding sentence. 

When an application is presented for the listing of a tract of land, 

under the act of June 11, 1906, wliich is covered by a 

Applications in homestead or any other entry, selection, filing, min- 

conflict with un- gp.^j application for patent or reservoir right of w^av, 

perfected claims, i ^ ^ i- ,• -li i • ■ i i " { 

except mineral such application will be given a serial number and 

location. noted on the tract books in the usual manner, but tlie 

applicant will be notified that the application has 
been suspended, pentling final decision by the Secretary of tlie Inte- 
rior on the unperfected claim in conflict. 

Two carbon copies of the letter to the applicant will be sent to the 
supervisor, who will make the proper entries in his tract book, but 



48 THE NATIONAL FOREST MANUAL. 

who will not have an examination made of the land until the sus- 
pension is removed and the application is accepted. 

AppHcations received and suspended under this procedure will not 
be classed as pending cases, but will be classed as suspended cases 
and entered as such in the annual reports. 

When a suspended application is accepted, the procedure to be 
followed will be the same as that prescribed for the reference of an 
application to the supervisor for examination and report. 

Applications for unsurveyed lands located _ withm the primary 

limits of a railroad grant, which })robably will be 

Applications in gi-j^i^ted sections, will be rejected, and the a])])licant 

ran?oad g'rLtr will be informed that the Secretary of the Interior 

has decided that such lands can not be opened to 

entry under the act of June 11, 1906. The procedure will then be 

the same as when the land applied for is found to be patented, except 

tliat a yellow ''O" will be placed in the ''List No." column on 

Form 124. 

When an application is received for patented lands or lands that 
have been selected and posted for administrative or 
Applications in public use, the a])plicant will be informed by letter 
conflict with ^,f ^|^g status of the land api)hed for and the appli- 
sSed admin- <-^^tion will be rejected. Two carbon copies of the 
istrative sites. letter of rejection will be forwarded to the supervisor 
for the supervisor's and ranger's files. Applications 
of this character will be given a number, card, and folder, and will 
be noted in the tract book on Forms 123 and 124 in the usual manner, 
after which the case will be closed. Subsequent a])plications from 
the same persons are given new numbers. If the application is 
rejected for tlie reason that it conflicts with patented land, a dark 
green "V" should be placed in the "List No." column on Form 124. 
If the conflict is with approved railroad lands, a yellow "V" is placed 
in the "List No." column. If the conflict is with a ranger station, 
the letters "R. S." in red ink should be placed in the "List No." 
column on Form 124. 

All letters prepared for the signature of the dis- 
Preparation of trict forester or assistant district forester will be 
Secretary's and written with three carbon copies, 
letters. ^ ^11 l^^^^^^s prepared for the signature of the Secre- 

tary or the Forester will be writt(^n with four carbon 
copies. The letters prepared for the signature of the Secretary will 
be written with a purple copying ribbon. 

The case designation w^ll not be placed on the letters prepared 
for the signature of the Secretary, but should be placecl on the 
carbon copies of these letters. 

The series of list numbers now in use by each district will be con- 
tinued. Each application listed will be given a 
List numbers, serial list number. The list number, Forest number, 
listing and trans- j^q^^^^q of Forest, State, acreage, and date of list will 
S'secretarr^^'^ be noted in the district list book on Form 345 in 
pencil. When the listing letter is forwarded to the 
Forester, the recommendation, list number, date listed in the dis- 
trict office, and acreage recommended will also be noted in pencil 
on Form 124 in the Forest tract book. The Secretary's letter, 



SETTLEMENT. 49 

together with two carbons and all the papere in the case, will be for- 
warded to the Forester. 

When the land is listed by a metes and bounds survey, two co])ies 
of the blue prints and field notes will be transmitted with the other 
papers in the case. 

When a strip of land is excluded from the tract listed, two blue 

1)rints showing the location and area of the excepted strip will also 
)e forwarded with the list letter. 

The act recognizes two preferred entrymen, (1) the settler prior 
to January 1, 1906, (2) the person upon whose appli- 
right^s^ erence (.^^^j,^j^ ^j^g land was examined and listed. 

In case there is no preferred settler only the name 
of the person upon whose application the land was examined and 
listed should appear as the preferred entryman in the listing letter. 
If, however, a portion of said tract was formerly examined on the 
application of another, but not listed because the first applicant did 
not reply to small-area letters addressed to him, all of the facts in 
regard to the first ap])lication covering such small area should be 
recited in the listing letter to the Secretary of the Interior. If, 
however, the first applicant has expressly withdrawn his application 
or has refused to accept the listing of such small area, the person 
making application for the same area at a later date shall be deemed 
the person upon whose a])plication the tract was examined and listed, 
and he only will be named in the listing letter. 

When the carbon copy of the listing letter sliowing the Secretary's 

Notification to signature is received from the Forester, the pencil 
applicant and notations made on Form 345 in the list book and on 
supervisor of final Form 124 in the Forest tract book will be made in 
action by Secre- [^ik, and the date of the Secretary's signature will be 
^^^' noted as the date tlieland was listed. 

The list number will then be written in red ink on the township jilat 
in the tract book across the tract listed. 

The applicant will at once be notified by form letter that the land 
has been listed. When the land was listed by a metes and bounds 
survey one copy of the blue print will also be forwarded to the appli- 
cant. Two carbon copies of the listing letter and two copies of the 
letter of notification to the applicant will be forwarded to the super- 
visor, together with two copies of the field notes and blue prints if the 
land was listed by a metes and bounds survey, and two copies of the 
blue print if a stri]:) of land was excluded from the tract listed. 

All canceled, withdrawn, or rejected cases will be closed upon the 

„. . date that final action is taken by the district forester, 

osing cases. ^^^ ^^^ fisted cases will be closed upon receipt of the 
copies of the Secretary's listing letter. Two copies of the letter taking 
final action will be forwarded to the supervisor. 

Upon receipt of the Interior Department notice that final action 
has been taken to restore the land to entry, the date of restoration to 
entry will be entered in the list book (Form 345). A memorandum 
of the notice will be placed in the folder in the closed fde, and the 
notice will be sent to the supervisor. 

Annually, on August 1 , district foresters will submit to the For- 

. . ester, on standard atlas pages, a report on settlement, 

repor . rpj^^ report will be in the form prescribed in advance 
by the Forester. 



50 THE NATIONAL FOREST MANUAL. 

PROCEDURE IN WASHINGTON OFFICE. 

Drafts of list letters prepared in the district offices and all other 
settlement correspondence will be referred to the 
Action on i^j-jmeh of lands. If the case is returned to the dls- 
letters. ° ^^'^"^ frict forester, a follow-up card will be kept in the 
branch of lands. 
Listing letters will not be rewritten in the Washington office, unless 
the draft on its face contains a typographical error, or the draft sub- 
mitted is not in good form. The intention of the district forester in 
drafting the letter, as to its substance, must be clear before any letter 
will be rewritten or changes made therein without returning it to the 
district office. 

Cases will be returned to the district forester with proper instruc- 
tions, when upon examination any of the following 
h^^^^d^ t^^d^"^^ circumstances exist: 
tric/office.° *^' (^) When reports and papers which are the basis 
for the list are not inclosed. 
{])) When the character of the land is not clearly shown in the 
reports and accompanying papers. 

((') When the reports ancl papers show that more than half the area 
recommended for listing is pure grazing land. 

(d) When the area recommended for listing is less than that applied 
for, no reason given therefor, and no statement from the a})plicant 
that he wishes to enter the area as reduced. 

(f) When there is a discrepancy between the dates of application 
as shown by reports and those given in the draft of letter. 

(/") When there is a discrepancy in the description of the land, as 
shown by reports, and by draft of letter. 

ig) When the two copies of field notes and blue prints describing 
the area recpiired in case of a metes and bounds survej^ are not inclosed 
with the papers. 

(h) W^hen in tlie case of a metes and bounds survey there is a dis- 
crepancy in the description shown by the field notes and that shown 
by the blue prints. 

(i) When the description of the roadway excluded from the listed 
area is not given in the listing letter, or the blue prints of the roadway 
are not inclosed. 

ij) When there is a discrepancy between the letter and the blue 
print sliowing the descrij)tion of the roadway. 

(k) When it is found that the area recommended for listing is cov- 
ered by a claim of record. 

If the listing is a])provc(l by the Forester, the listing letter wUl be 

submitted to the Secretary of Agriculture for action. 

Secetarv " Except in special cases, the reports and pa])ers will 

not accompany the letter to the Secretar}^ 

After the letter is returned from the Secretary's office the listing 

letter will be mailed and all reports and papers relat- 

tn^^d V^ d'^' ii^^ to the case returned to the district forester. One 

^jict. " t'arhon of the listing letter will be retamed in the files 

of the Washington office. 



SETTLEMENT. 51 

Action on Wlieii status of land is obtained from the General 
request by dis- J^^nd Office upon ro(|uest from tlie district forester, 
status of land. ^^^^ report to the district forester will be made on 

Form 301, which will be accom])anie(l by a memo- 
randum if necessary. 

When re({uests are received for information regardinjj; the status of 

settlement cases which can not be furnished from the 

Action on records of the Washino;ton office nor the General 

formation legard- ^''^^^ Office, the request will be acknowledi^^ed and 

in^™sta°tus ^of ^^^^ writer will be informed that the request had been 

cases. forwarded to tlie district forester with instructions 

to furnish the information requested. Two carbons 
of this letter with the communication from the person making the 
refiuest and such inclosures as may have been transmitted therewith 
will be forwarded to the district torester concerned with appropriate 
instructions stamped thereon. 

All a])plications or corres])ondence from applicants not in the 

nature of a request for review of the district for- 
tions™Si"a^*^H- ^^^^^^"^'^ action will be referred to the district forester 
cants. ^^^ a])propriate action and the \\Titer notified by form 

postal card. 
Action on re- Whe]i aji application is received for a reexamina- 
quest to the For- tion of the tract or a review of tlie decision of the 
ester or Secre- district forester, such action will be taken as may be 
tary for reexam- warranted by the shomng made by the application 
ination or review. i^i i*j.i 

and the record in the case. 

When replies to cominunications from the General Land Office or 
the De]>artment of the Interior m connection with 
Action on settlement matters can not be made from the infor- 
from hTterfor^De- Elation available in the Washington office, such com- 
partment, munications will ])e referred to the district forester 
for the preparation of reply for the Forester's or Sec- 
retary's signature. 



ADMINISTRATIVE SITES. 

U, S. Department or Agriculture, 

Forest Service, 

Wasliington, D. C. 
The following procedure and instructions relating to administrative 
sites in National Forests are hereby established and issued to take 
effect February 1, 1912. 

Henry vS. Graves, Forester. 
Approved December 19, 1911: 

James Wilson, Secretary. 



PROCEDURE. 

Lands within National Forests ma^^ be selected for administrative 
uses, including supervisor's or ranger's headquarters, 

e ec ion. gardens, jiastures, corrals, planting or nursery sites, 

and rights of w^ay. If suitable sites for administrative purposes can 
not be found within the Forest, vacant and unappropriated public 
land outside may be recommended for withdrawal under the act of 
June 25, 1910 (36 Stat., 847). 

A general plan for selecting sites, based upon the present and prob- 
able future requirements for fire control and the transaction of the 
business of each National Forest, must first be formulated. Since 
it is impossible to foresee with certainty the development and exten- 
sion of the use of the resources of the National Forests, it is impossible 
to determine witli certainty the number and location of the adminis- 
trative sites which in the future will be required to properly protect 
and administer the Forests. In addition to selecting sites required 
for tlie ])resent, supervisors must consider the probable future require- 
ment, but great care must be taken not to select sites which will 
unnecessarily retard the development by settlers of agricultural land 
within National Forests. 

Administrative sites for rangers' headquarters will if possible be 
selected wliere there is enough agricultural land for a 

Rangers' head- j,j|j.(|pj^ ^nd suitable pasture land for a few head of 
quar ers. Jioi-ses and one or two cows, and, when necessary, 

where tliere is enougli water for irrigation. 

Administrative sites for rangers' headquarters should not exceed 
160 acres in area, and a smaller area sliould ordinarily 

Amount of \)q sufficient. A larger area may be required to be 

land for rangers' ^^g^j ^^g .^^^ inclosure to handle horses belonging to the 

pasture! Government and to Forest officers, or to be used to 

raise feed for Government horses, and the horses of 

Forest officers which are used in official business. 

52 



ADMINISTRATIVE SITES. 53 

In order to avoid conflicts with applicants under the Forest home- 
stead act, the selection of administrative sites should 
Sites selected \)q completed at the earliest date possihle. All sites 
Tldlv'^as^possl- selected must be conspicuously posted with admin- 
bie, istrative site notices (Form 263) in order that the 

public may know the status of the land. 
No site will be selected which has been applied for under the act of 
. June 11, 1906, or is actually occupied or used in good 

areas*^ ^ " ^ * ® faith for agricultural or mining purposes or for a home. 
If an area actually needed for administrative purposes 
is covered by a claim, a report on the claim may be made in accord- 
ance with the procedure prescribed under "Claims." The selection 
will not be made or the site posted while the application is pending 
or until the claim is abandoned or is canceled by the General Land 
Office. 

Unsurveyed lands within the limits of railroad grants which will, 

when surveyed, be included in railroad sections wull 

lands not be selected if it is possible to find other areas. 

When such lands are selected they will be subject 

to any rights which may accrue to the railroad b}' reason of survey 

and patent. 

When a State indemnity selection has been approved the base land 
- . . may be selected and used for administrative pur- 

poses even before patent to the land selected by 
the vState has issued. 

Supervisors will not select mineral lands for administrative sites 

-_. , , J unless a suitable site on nonmineral land can not be 
Mineral lands. ■, 

secured. 

The selection of an administrative site within a withdrawal for rec- 
lamation ])urposes will not be made until the district 
wirtidraw^ls^*^*^" forester is informed by the supervising engineer of the 
Reclamation Service that the use of the land for an 
administrative site will not conflict with the purposes for which it 
was withdrawn. 

A reliiKiuishment ofl'ered by a claimant, when the use of the tract 
covered by the claim and the purchase of the improve- 
ments * ° ^^ ~ ments thereon for administrative purposes is contem- 
plated, must not be accepted until its accej)tance has 
been specifically authorized ])y the Forester. (See "Claims," Reg. 
L-41.) 

In determining the amount to be oiTered for improvements which 

it seems advisable to purchase, their actual value to 

improvements ° ^^^ Forest Service and not necessarily their original 

improvemen s. ^^^^ ^^ ^^^^ claimant shouhl govern. No consideration 

can be given for the value of the land, smce its title is in the United 
States. Land can not be purchased except under a specific appro- 
priation by Congress. 

When an administrative site is selected, it will be immediately 

located by legal subdivisions if on surveyed land or 
seSction '^^ ^ '^ ^^^ ^ metes and bounds survey if on unsurveyed land. 

Surveys will be made in accordance with the "In- 
structions for Making Forest Surveys and Maps." The status of the 
land will then be obtained and, if open to selection, the site will be 



54 THE NATIONAL FOEEST MANUAL. 

conspicuously posted with administrative site notices (Form 263). 
Notices may, if necessary, be posted before survey is made or status 
is obtained. A report in duplicate on Form 271 will then be sul>- 
mitted to the supervisor by the Forest officer who located and surveyed 
the site. If there are improvements upon the site, a description of 
their extent and condition, their estimated value to the Service, and 
the name and address of the claimant, if any, will be given, together 
with a recommendation for or against their purchase. The report will 
also give the date the site was posted. A map on tracing linen (Form 
220) and field notes of a metes and bounds sm"vey, if one was made, 
must accompany the report. Administrative sites will be designated 
by appropriate names. Upon receiving the report the supervisor, after 
checkmg it to determine the accuracy of the descri]^tion, survey, and 
status, will prepare a folder and index card and will record the selec- 
tion in the tract book township plat (Form 123). The following 
method will be used: 

Selections or withdrawals pro- Outlined in red crayon and given a 
posed. key number in red ink. (Un- 

surveycd areas are indicated by 

a circle.) 

Withdrawals effected Hatched in retl crayon. 

Release or cancellation proposed. .Outline in black pencil. 

Release or cancellation effected- _. All crayon and pencil markings 

erased. 

Entries of administrative sites on township })lats will be indexed on 
the margin of the plat upon which the site is entered. The index will 
be entered uj)on the left-hand margin and will give m red ink the key 
number of the site and in black mk the name of the site and, when 
necessary, the date of withdrawal and data regarding release. The 
name and description of the site will also be entered al])habetically on 
a special index sheet in the front of the tract book. 

When the site selected is on National Forest land, the supervisor, 
after indorsing his approval on the re]K)rt, will submit it to the district 
forester with two blue-print copies of the tracing, and when the site 
was located by a metes and bounds survey, with one copy of the field 
notes. If the selection is approved by the district forester, the site 
will be recordetl in the Forest tract book, an indorsement of the dis- 
trict forester's approval will be made on the report and blue prints, 
and the re})ort, one blue print, and the field notes, if any, will be 
returned to the supervisor, and one blue print will be retained in the 
files of the district ofiice. When the blue print only of selected sites 
is retained, it can be filed in a general folder for the Ft)rest, but when 
correspondence or other papers are retained, as in the case of with- 
drawn sites, a special folder and index card may be provided. 

When the site selected is on vacant and unappro])riated public land 
outside a National Forest, the procedure prescribed 

Sites outside ^^.jq j^g followed in selecting, locating, and reporting 
ades! °"° " upon the site; but the report when submitted to the 
district forester must be accompanied by a letter from 
the supervisor stating the urgent need for withdrawing the site. 
If the tract recommended for withdrawal is in Washington, Oregon, 
Idaho, Montana. Colorado, or W^yoming, it must appear in the 
communication from the supervisor that Inhere is ahsotutely no trad 



ADMINISTRATIVE SITES. 55 

within the Forest houndaries which can be used for the purpose 
desired. Only such tracts as can be described by legal subdi- 
visions or approximate legal subdivisions should be recommended. 
If the district forester approves tlie selection, he "will submit to tlie 
Forester the report and supervisor's letter, together with the original 
and two copies of a letter to the Secretary of the Interior prei)are(l 
for the signatura of the Secretary of Agriculture, recommending the 
withdrawal, and the original and two copies of a draft of Executive 
order making the withdrawal. The letter to the Secretary of the 
Intsrior must contain a statement that there is no land within the 
Forest bounthiries suitable and available for the pur]>ose involved. 
When final action has been taken, tlie papers will be returned to 
the district forester. If the Forester disap})roves the selection, the 
papers will be accompanied by the original and one copy of his 
disapproval. If the site is recommended for withdrawal, the papers 
will be accompanied by a copy of the Secretary's letter and a copy 
of the Ex3cutive order. 

When the papers are received by the supervisor, the final action 
will be recorded in the tract book. The supervisor will forward to 
the district ranger a copy of the report with an indorsement of the 
final action taken and a blue print of the tracing. He wiU forward 
with the report a copy of field notes and of the Executive order of 
withdrawal, if any. 

In the district office an administrative site case will be closed 

when the selection has been approved or disapproved 

Closing admin- by the district forester or the I'orester or the site has 

istrative site ^p^^n withdrawn by an Executive order and the 

supervisor has been notified of the final action. In 
the supervisor's office the case will be closed when notice has been 
received from the district forester of the final action taken and after 
the record of final action has been made and the district ranger 
notified. When a conflict arises between an administrative site 
selection and a claim or an application under the act of June 11, 1906, 
the administrative site case will not be closed until the conflict is finally 
settled. 

Administrative sites on National Forest land which have been 

selected, but which have not been withdrawn by the 

Cancellation of Secretary of the Interior or by an Executive order 

selections and ^^^^^^y j^^ canceled by an order of the district forester. 

The order will be prepared in triplicate by the super 
visor and the original and one co])y will be submitted to the district 
forester. The order will identify, by name and description, the site 
to be canceled and will give the reasons for the cancellation. If the 
cancellation is approved by the district forester, he will sign the 
order, and after the cancellation has been recorded in the Forest 
tract book the original order will be returned to the supervisor. 
After the final action has been recorded in the tract book in the sa})er 
visor's office a co])y of order wiU be forwarded to the district ranger. 
Administrative sites which have been withdrawn by the Secretary of 
the Interior or by an Executive order may be revoked either in whole 
or in part by the Secretary of the Interior or by an Executive order, 
respectively. The supervisor will submit to the district forester a 
letter recommending the revocation which will identify the site by 
name, description, and location and which will give the reasons for 



66 THE NATIONAL FOEEST MANUAL. ^^ 

the recommendation and will state whether the site is valuable for 
water-power purposes. The district forester will prepare and submit 
to the Forester a letter to the Secretary of the Interior for the signa- 
ture of the Secretary of Agriculture, recommending the revocation of 
the withdrawal , or a draft of an Executive order revoking the with- 
drawal, as the case may be. The letter to the Secretary of the 
Interior must give the name of the site, the date of withdrawal, a 
description of the land withdrawn if surveyed, and if unsurveyed its 
approximate location by metes and bounds, including the meridian, 
the name of the National Forest and State, the approximate number 
of acres included and the value, if any, of the site for v/ater-power 
purposes. The Secretary's letter or the draft of the Executive order 
will be accompanied by the supervisor's letter and, if necessary, by a 
memorandum from the district forester to the Forester. The sub- 
sequent procedure will be the same as when a withdrawal is recom- 
mended. When an administrative site is canceled or revoked the 
administrative site notices will be at once removed from the area. 

Supervisors will include in their statistical report (Form 446) to 
the district forester, due on July 15, a statement for 

Annual report the preceding fiscal year of administrative sites. 

by supervisor and Annually on August 1 the district forester will submit 
district lorcstcr. jjit^j iiiji , 

to the J^orester, on standard atlas pages, a report on 

administrative sites. The report will be in the form prescribed in 

advance by the Forester. 

In all cases where it is necessary to obtain from a lake, spring, or 
water course (natural streams, including rivers, 

Water appro- (.^(.(^l^s runs, and rivulets) water for use on an admin- 
pria ions. istrative site for domestic or irrigation purposes the 

provisions of the State laws with reference to the appropriation and 
use of water must be fully complied with. Reimbursement wdll be 
made for expenses incurred in taking the steps incident to complying 
with the law. The district foresters will issue separate circulars to 
the supervisors in each State in their respective jurisdictions fully 
explaining the requirements of the State law and embodying such 
forms as it may be necessary for the Forest officers to use. Since 
August 30, 1890, rights of way for ditches and canals are reserved to 
the United States in all patents issued west of the one hundredth 
meridian. 

O 



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